Wednesday, May 18, 2011

Bar Fights Often Tough Cases for the Plaintiff

There are a lot of negligent security cases involving bar fights that have gone to trial. In 2006, the matter of Jodon v. Nagle et. al. went to trial on this very issue.

The plaintiff, Jodon, in his early 30s, was attending a bachelor party at Nagle's State College bar. Jodon alleged that Nagle's bar was negligent for failing to take the measures necessary to prevent his beating in the bar's parking lot. Nagle's argued a) that it had adequate security in place at the bar and b) it had no notice that the plaintiff would be assaulted in the parking lot.

The plaintiff, however, testified that while inside the bar, there was a loud verbal altercation between his group and another group such that the bar should have been on notice of the fight that was about to occur. When Jodon exited the bar he was followed and assaulted by two of the men involved in the shouting match. Jodon was pushed down, punched and smashed in the face.

The plaintiff further argued that Nagle's bar was negligent for failing to prevent the attack. Jodon sustained severe facial injuries as a result of the assault, including a broken nose, and required reconstructive facial surgery. The two assailants were criminally convicted in connection with the attack.

Nagle's bar argued that it employed adequate security personnel and had no indication that an attack upon the plaintiff would take place outside the bar. The bar also submitted evidence that its security personnel had exited the bar and halted the assault just not in time to prevent Jodon's injuries.

Much like the Temple University case that I discussed here, the jury found that the defendant was negligent, but that its negligence was not a factual cause of injury to the plaintiff. Share this post :
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