INADEQUATE PREMISES SECURITY – NIGHTCLUB – ASSAULT – FACIAL SCARS, VISION LOSS
Jury Verdict: $150,000 (Unanimous 6/0)
$150,000 for past pain and suffering
- Abrasions and lacerations to the face, which required 87 sutures and resulted in scars
- Partial loss of night vision
Facts & Allegations: On 11/1/92 at approximately 1:45 A.M., Plaintiff, a 31 year old New York City police officer, arrived at Defendant Kamakaze Club. Plaintiff was off-duty. Plaintiff claimed that once inside the club, he was accosted by three people who subsequently assaulted him by hitting him with a beer bottle over his right eye. Pltf. further claimed that he was then ejected from the club, which also immediately ejected the three men who had just assaulted him inside. Plaintiff was then assaulted, punched, kicked and beaten just outside the club exit for 15 minutes.
Plaintiff contended that he was injured because the club failed to adequately supervise and control patrons in an area where supervision and control might reasonably have been exercised (inadequate premises security). This included the area just outside the door of the nightclub.
Demonstrative evidence: photographs of nightclub and photographs of Plaintiff’s face after the assault.