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ARTICLE ID 194998

$________ – NEGLIGENT SECURITY – BOUNCER ASSAULTS PLAINTIFF IN NIGHTCLUB – FACIAL WOUNDS – EYE INJURY – IMPAIRED PERIPHERAL VISION

Broward County, FL

This was a negligent security action in which the plaintiff claimed he was struck in the face and head repeatedly by the defendant bouncer employed at the defendant, Hallandale Beach nightclub. The defendants maintained that the bouncer acted in self-defense after he was attacked by the plaintiff. The bouncer asserted a counterclaim against the plaintiff for battery.

The plaintiff was a 43-year-old male at the time of the incident in July of ________. He testified that the defendant bouncer asked him about the bag he was carrying, and then attacked him without provocation.

The plaintiff argued that, although the defendant bar claimed a policy of no large bags in the club, the policy was neither posted at the front door, nor was the plaintiff, or his group, stopped at the front door when he entered with his laptop bag, according to the plaintiff. The plaintiff contended that the group had already been drinking and eating on the defendant’s patio for hours, and no one had approached the plaintiff about the bag. When it was time to leave, the plaintiff testified that he grabbed his bag from underneath the bar stools where he had stored it, while his fiancé closed out the tab. The plaintiff claimed that it was at that point that the defendant bouncer approached him, and told him he had to leave the nightclub. The plaintiff maintained that he explained to the bouncer that they were on their way out, but that he was not going to leave the club without his fiancé.

The plaintiff supported that the bouncer then became aggressive and shoved him, including that two other bouncers grabbed his arms and pinned them behind his back, while the initial bouncer beat him to the point that his face was unrecognizable to this friends.

The plaintiff claimed significant facial injuries, specifically an eye wound with impaired peripheral vision as a result of the assault. He also alleged emotional injuries stemming from the incident.

The defendant maintained that the plaintiff was asked to leave the nightclub and became hostile. The defense contended that the plaintiff attacked its employee, and the employee struck the plaintiff in order to protect himself. The jury found for the plaintiff in the amount of $________ and rejected the defendant’s counterclaim. The defendant has filed a notice of appeal.

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