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$________ CONFIDENTIAL – Premises Liability – Negligent supervision and training of employees – Plaintiff is injured when he is grabbed by bouncers while trying to diffuse a potential confrontation between other patrons.

Withheld County, MA

In this premises liability matter, the plaintiff alleged that the defendant bar was negligent in the training and management of its bouncers, which resulted in the bouncers injuring the plaintiff as he was attempting to diffuse a potential confrontation between other patrons. The plaintiff suffered a re-injury to a torn rotator cuff, and was required to undergo additional surgery to repair the damage. The defendant disputed that the plaintiff was an innocent bystander as he alleged, and maintained that he was restrained without any injury.

The 31-year-old male plaintiff was a patron at the defendant’s bar with friends. There was a verbal altercation that commenced between one of the plaintiff’s friends and another bar patron. The plaintiff attempted to get between the two who were arguing and was grabbed by one of the bouncers, and his arms were forced over his head. The plaintiff had just recently undergone rotator cuff repair surgery on his right arm, and was wearing a sling at the time of this incident. The plaintiff alleged that as a result of the actions by the defendant’s bouncer, the plaintiff suffered a re-injury and additional injury to his rotator cuff which required him to undergo surgery to further repair his shoulder. The plaintiff opined that his shoulder did not heal properly as a result of the additional traumatic injury. The plaintiff brought suit against the defendant alleging that it was negligent in failing to properly train and supervise its employees. As a result of the defendant’s negligence, the plaintiff alleged he was manhandled and injured by the defendant’s employees.

The defendant denied the allegations and maintained that the plaintiff was the instigator in the altercation and disputed that his arms were forced over his head, as the plaintiff alleged. The defendant maintained that its bouncers briefly restrained the plaintiff, but did not harm him.The parties agreed to resolve the plaintiff’s claim for the sum of $________ in a confidential settlement.

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