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ARTICLE ID 192608

$________ TOTAL CONFIDENTIAL – NIGHT CLUB NEGLIGENCE – NEGLIGENT SECURITY – CLUB ALLOWS ENTRY TO PATRON WITH HANDGUN AND AMMUNITION – ARMED PATRON SHOOTS THE PLAINTIFFS DURING AN ALTERCATION – SKULL FRACTURES, BRAIN INJURY – PERMANENT DAMAGE TO ABILITY TO MOVE LIMBS – VISION AND HEARING AFFECTED – JAW/TEETH INJURY.

Withheld County, MA

In this matter, the plaintiffs, patrons at the defendant’s night club, alleged that the defendants were negligent in the security of their establishment by allowing a patron into the club with a handgun and ammunition which were used to injure the plaintiffs when there was an altercation. The one plaintiff was grazed by a bullet and suffered injuries to his jaw and teeth. The other plaintiff was severely injured when he was shot in the head by the armed patron, resulting in brain damage that affected his vision, hearing and movement of his left arm and leg.

The two plaintiffs were patrons at the defendant’s gentlemen’s night club on the early morning hours of August 8, ________ for a birthday celebration. The first plaintiff got into an altercation with the armed patron over a seat that was being saved for performer. The armed patron took out his gun and shot the first plaintiff in the head. The second plaintiff came to the assistance of his friend, the first plaintiff, and was also shot. The armed patron fled and was later apprehended by police.

The first plaintiff was shot in the head and sustained brain damage and multiple skull fractures. Due to the injury, he is limited in his ability to move his left arm and leg. Additionally, he sustained permanent vision impairment in his right eye and hearing loss in his left ear. The second plaintiff suffered a fractured jaw and dental injuries. He recovered with the exception of some pain and numbness in the area of the bullet.

The plaintiffs brought suit against the owner of the night club, the owner of the premises and the principals of the club alleging negligence. The plaintiffs contended that the defendants were negligent in permitting an armed patron access to the club, and in failing to have adequate security personnel on hand. The defendants denied the allegations and disputed liability to the plaintiffs. The defendants also disputed the nature and extent of the plaintiffs’ alleged injuries and damages.

The parties agreed to ultimately settle the two plaintiff’s claims for $________ and $________ respectively in a confidential settlement between the parties.

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