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Philadelphia County, PA

In this negligence action the plaintiff maintained that the defendant gym failed to properly protect the plaintiff by providing adequate security and as a result the plaintiff was shot in the stomach. The defendant argued that the security provided was adequate and that the incident was caused by the criminal acts of a third party over whom the defendants had no control.

On March 2, ________, the plaintiff, Zsaron Simpson, was a patron at the World Gym. He went to the World Gym to play pick-up basketball. He paid an admission fee. During the course of the indoor basketball game, the plaintiff was assaulted and shot by an unidentified assailant who had brought a gun into the facility. At all times relevant hereto, the World Gym was owned, operated, supervised and controlled by the defendants. The plaintiff maintained that the defendants were negligent in allowing the unidentified assailant to enter the World Gym with a gun, failing to require identification for admission, failing to maintain proper surveillance cameras, failing to have and provide proper security for its patrons, failing to have an adequate number of attendants on duty and operating the facility with only one attendant visibly on duty.

The plaintiff suffered a gunshot wound of the abdomen, deep duodenal injury, pancreatic injury, liver and small bowel injury, requiring emergency surgery, specifically including exploratory laparotomy with pancreatic exploration, small bowel resection, duodenal primary repair and proximal jejunal reconstruction with small bowel hand sewn anastomosis. The defendants denied all liability. They argued that they acted at all times with all due and reasonable care and the incident was caused solely by the negligence of a third party over whom the defendants had no control.The jury found that the defendant was negligent and awarded the plaintiff $________ in damages.

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