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DEFENDANT’S Alleged negligent security – Plaintiff beaten outside gentlemen’s club- Orbital fracture – Vision difficulties – Herniated cervical disc with surgery – Hairline ankle fracture.

Palm Beach County, FL

The plaintiff was a man in his 30s who claimed that the defendants lacked adequate security at their gentlemen’s club to prevent the plaintiff from being attacked by other patrons outside the facility. The defendants argued that the security in place was adequate, and that the incident occurred suddenly, and could not have been prevented. A parking service (valet company) settled the plaintiff’s claim prior to trial.The plaintiff contended that he exited the defendant’s gentlemen’s club after the 5 a.m. closing time, and was talking to other patrons in the parking lot. The plaintiff claimed that the other patrons attacked and beat him. The plaintiff claimed that the defendant failed to have adequate security outside in the parking lot to prevent the assault. The plaintiff claimed that he sustained an orbital fracture, double vision in one eye, hairline fracture of the ankle, and herniated cervical disc, which necessitated surgery as a result of the incident. The defendant called the sheriff’s deputy who investigated the incident. He testified that, when he arrived at the scene, the plaintiff was intoxicated, belligerent, had his shirt off, and wanted to fight. The officer testified that the plaintiff’s friend stated that he had tried to prevent the plaintiff from fighting, but was unable to do so. The defendant’s security expert testified that the security provided, including inside personnel and an outside surveillance camera, was adequate. The defendant’s expert also testified that the incident occurred so suddenly that additional security personnel would not have been able to prevent it. The video surveillance tape (without audio) showed the plaintiff and the other patrons talking. The group then walked to the far end of the parking lot where the incident took place, but the camera was blocked by a tree.The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff. Post-trial motions are pending.

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