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JUDGMENT IN FAVOR OF DEFENDANT TAVERN Alleged dram shop liability and alleged negligent security – Plaintiff followed out of bar by patron and assaulted – Tavern points to surveillance video of patrons at bar and argues no evidence of impending assault – Case against alleged assailant continues.

Ocean County, NJ

The plaintiff tavern patron contended that he had gone to the pub to participate in a dart league and then sat down near the co-defendant assailant to have a drink. The plaintiff maintained that the assailant was visibly intoxicated when served. The plaintiff further contended that the defendant tavern should have taken steps to protect the patron, such as calling the police when it became apparent to the bartender that an altercation was likely to ensue.

There was no BAC taken and the tavern denied there was any evidence of service while visibly intoxicated on the video of the patrons at the bar shortly before they left. The bartender denied that the parties showed any hostility . The defendant tavern also maintained that it was evident from the video that there was no occurrence that would lead the bartender to believe that an assault was foreseeableThe court granted the pub’s motion for summary judgment both on the dram shop and negligent security claims. The case against the assailant is pending.

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