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ARTICLE ID 194338

$________ Negligent security – Fight breaks out in early morning hours of weekend, and plaintiff suffers stab wounds – Nerve damage and permanent weakness to dominant hand

Onondaga County, NY

This action involved a 28-year-old plaintiff who was a patron at the defendants’ restaurant in the early morning hours of a weekend night. The plaintiff contended that history was such that numerous ________ calls had been placed in the several year period preceding the incident, that some 25% of the chain’s income was derived from serving patrons between midnight and 4:00 am on weekends, and the despite these factors, the restaurant decided to stop using security guards, approximately three months earlier. The plaintiff maintained that such a decision was negligently made as a cost saving measure.The guards earned slightly more than $80 for the four hours work. The plaintiff named the franchisor and the franchisee as defendants. The franchisee named the assailant as a third party defendant. The plaintiff was stabbed during a several minute melee, much of which was captured on the restaurant’s video system. The plaintiff maintained that the presence of an armed guard would probably have prevented the melee from breaking out. The defense contended that many of the ________ calls cited by the plaintiff were for minor alleged infractions, and denied that negligence occurred. The franchisee also maintained that the sole cause of the injuries was the actions of the assailant. The plaintiff was stabbed in the shoulder and arm three times. He contended that he was left with nerve damage that will cause a permanent loss of grip strength, and reduced ability to move. The plaintiff was employed as a community integrated service worker, helping physically challenged individuals. He missed approximately three months before returning to work.The jury found the franchisor 30% responsible, the franchisee 50% liable, and the assailant 20% responsible. They then awarded $________, including $________ for past pain and suffering, $________ for future pain and suffering, $ ________ for past loss of income, and $________ for past medical bills.

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