ARTICLE ID 32661
$________ - NEGLIGENT SECURITY - FAILURE OF TAVERN/RESTAURANT TO MAKE TIMELY CALL FOR POLICE WHEN PLAINTIFF PATRON WAS MENACED BY UNIDENTIFIED ASSAILANTS - PLAINTIFF STRUCK IN FACE WITH MUG - RUPTURE OF ORBITAL GLOBE - SURGICAL ENUCLEATION OF ONE EYE.
Union County
This was a negligent security case in which the plaintiff
contended that the defendant restaurant negligently failed to
timely call ________ when a group of boisterous individuals began
menacing patrons at the defendants establishment. The plaintiff,
who was picking up a take-out order, contended that as a result,
he suffered a rupture of the orbital globe in one eye when one of
the unidentified individuals struck him in the face with a beer
mug, shattering the mug. The plaintiff contended that a surgical
attempt to save the vision in the eye was unsuccessful and that
he ultimately required the surgical enucleation of the eye
approximately three weeks after the incident occurred.
The plaintiff contended that shortly before he arrived, a group
of three to four individuals entered the defendants restaurant
behaving very boisterous. The plaintiff maintained that based
upon the defendant owners deposition, a prior patron entered
before the plaintiff, that the boisterous individuals verbally
harassed this patron and that one of the group struck him with
his elbow. The plaintiff maintained that when he entered a short
time thereafter, the group began verbally abusing him and that
such abuse continued for 2 to 2 1/2 minutes. The plaintiff
maintained that several members of this group then began walking
towards him in a menacing manner and that over the course of the
next 1 to 1 1/2 minutes, threatened him with physical violence.
The plaintiff contended that as he moved back towards the door,
an additional member of this group, who had been waiting outside
on crutches, entered the restaurant and struck him on the head
with the crutch from behind. The plaintiff contended that he fell
to the floor and that four to five people jumped on him and began
beating and kicking him. The plaintiff, who was a very strong
man, contended that he was initially able to prevent the
attackers from inflicting significant injuries and that when he
heard one of the group say "Lets book," reflecting they were
going to flee, he rose up and was suddenly struck in the face
with the mug as the group ran from the premises.
The plaintiff contended that the defendant should have
immediately telephoned the police when the group harassed the
other patron before the plaintiffs arrival. The plaintiffs
security expert related that the defendant has a liquor license
and is subject to ABC regulations requiring that an owner cannot
permit loud and disorderly conduct. The expert maintained that
the defendant should have given the assailants a verbal warning
when they first entered and acted in an unruly manner. The expert
contended that since the prior unidentified patron was struck
with an elbow, the defendant should have called the police,
preventing the incident with the plaintiff from occurring. The
plaintiff further maintained that an opportunity to prevent the
incident was also lost when the defendant failed to call the
police after the plaintiff was verbally and physically
threatened. The plaintiff testified that he arrived at 10:45-
10:50 P.M. and that the ________ records reflected that the call was
received at 11:06. The plaintiff contended that the police would
have responded rapidly and argued that the failure to timely call
the police culminated in the plaintiffs injuries.
The defendant denied that the plaintiffs version of the incident
was accurate. The defendant contended that the prior incident in
which the patron was struck with an elbow did not appear to be
serious, that this patron had no further trouble and that it did
not reasonably appear necessary to call the police at this time.
The defendant also contended that the attack on the plaintiff
occurred very quickly and that three minutes or less elapsed from
the time the plaintiff entered until the fight was over, denying
that it could have obtained police assistance before the
plaintiff was struck with the mug. The defendant presented a
witness who indicated he was present and who supported the
defendants contentions as to the time frame. The plaintiff
countered that there was no mention of the witnesss presence in
the police report and that witness was not identified as being
present until 13 months after the incident. The plaintiff
maintained that the purported witness had known the defendant for
some time and argued that his testimony should be rejected.
The defendant also contended that the call to the police was made
during the course of the fight and not after, as claimed by the
plaintiff. The plaintiff countered that the ________ tape reflected
that the defendants son-in-law was informing the police that a
customer had been assaulted and that the assailants were driving
down Elizabeth Ave. towards Rts. 1 & 9. The plaintiff argued that
it was evident that the owners claims that he called during the
fight should be rejected.
The incident occurred during the winter. The plaintiff presented
the sergeant in charge of the ________ calls who discussed their
procedures. The sergeant indicated that the ________ district in which
this business is situated is very small geographically and
because of this factor and relatively few calls that night,
officers would have been able to respond very quickly. The
plaintiff also presented an officer who was in her patrol car at
the time, whose log book reflected that she was very close to the
establishment and who indicated that she could have responded
within "30 seconds." The plaintiff contended that it was clear,
therefore, that appropriate action by the defendant would
have undoubtedly prevented the eye injury from occurring.
The plaintiff maintained that he suffered a ruptured globe in the
eye. The plaintiff maintained that initial attempts to save the
vision were unsuccessful and that he required the surgical
enucleation approximately three weeks later. The plaintiff
related that the injury was extremely painful and testified that
caring for the prosthetic eye is difficult. The plaintiff, who
indicated that he must use a suction device to remove the
prosthetic on a daily basis and must cleanse his eye before
replacing the prosthesis, contended that the process is very
cumbersome and painful and presented a videotaped depiction of
this daily routine. The plaintiff also contended that he has lost
depth perception.
The plaintiff maintained that the prosthetic eye will require
replacement every 3-5 years and the plaintiff made a claim for
$________ in past and future costs. The plaintiff had obtained
summary judgment on the necessary and reasonable nature of such
costs.
The plaintiff, who had been employed as an automobile mechanic,
maintained that although he returned after his recuperation, he
was terminated because he could not keep up with the work. The
plaintiff contended that he attempted to work in the construction
field, but was unsuccessful. The plaintiff maintained that he is
again attempting to work as a mechanic. The plaintiff, who did
not present expert economic testimony, contended that he will
clearly face great challenges in performing such work.
The plaintiff, who is married and has two small children,
contended that he has difficulties playing with and caring for
his children.
The jury found for the plaintiff and awarded $________ for pain
and suffering. $________ in medical bills were subsequently added.
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