In this negligent security case, the plaintiff estate contended that the strip club's security personnel acted without regard to safety of its patrons by putting the decedent in a choke hold following an altercation with another patron that ultimately resulted in his death from myocardial infarction.
The defendant contended that its personnel were forced to restrain the plaintiff due to her overly aggressive behavior.
The evidence revealed that on April 29, 2007, Aguglia went to the defendant's adult entertainment club. Aguglia and another patron became involved in an altercation outside the entrance of the club. The three individual defendants were all employee bouncers of the club. One of the bouncers jumped into the altercation and placed Aguglia in a choke hold and forcibly took him to the ground. At that time, the other two individual defendants assisted in restraining Aguglia and keeping him on the ground. Aguglia lost consciousness and was placed in a seated position by the defendants leaning on the legs of one of the defendants. 911 was called and the decedent was taken to the hospital in acute respiratory failure. He died on May 8, 2007, with the cause of death listed as acute myocardial infarction.
The Aguglia' estate argued that the defendant club failed to exercise care in the selection and investigation of employees, failed to provide adequate training to security employees, and failed to properly supervise and monitor the actions of its employees. The plaintiff also asserted that the individual bouncers were negligent in placing the decedent in a choke hold until he lost consciousness.
The defendants denied that the decedent lost consciousness at the club. They also contended that it was the decedent's aggressive behavior that forced the defendants to retrain him and maintained that his fatal heart attack days later was from natural causes.
The defendant club settled with the plaintiff's estate for $ 38,000. Share this post :