30 year old patron of bar was assaulted - $750,000 Settlement

Brief Result Summary | Assaut Case Results | Mainetti Mainetti & O'Connor

Date of Settlement: June 19, 2004
Court: Supreme Court Ulster County
Age/Occupation: Plaintiff 30 years old

Case Facts: Plaintiff, patron of bar was assaulted after leaving bar by visibly intoxicated patron of bar. Plaintiff was approximately 150 feet from bar when assaulted by the intoxicated patron who had been in the bar and had words with plaintiff prior to leaving the bar. Plaintiff sued two bars: bar that defendant had just left before assaulting plaintiff and bar that defendant had been in previously to that. Plaintiff was punched by intoxicated defendant after leaving the bar and walking a block and a half away. Plaintiff, when assaulted, fell to ground, hit head and sustained a head injury causing three weeks hospitalization and rehabilitation for five weeks. Plaintiff argued through a neuropsychologist that he had sustained cognitive deficits and memory impairment as a result of the occurrence.

NOTE: The case was fully tried and only settled just before the Jury reached a verdict. The case is interesting for the proposition that a bar's duty to protect a patron extends beyond the confines of the bar as the assault herein occurred approximately 150 feet away from the last bar where plaintiff was drinking. Plaintiff had crossed the street and walked on a public sidewalk past five or six business establishments before defendant assaulted him. There was no warning by the defendant of the assault after plaintiff left the bar and prior to the actual attack. The case was tried by Alfred B. Mainetti, Esq.

Awarded: $750,000

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