January 24, 2008 : Bar Granted Summary Judgment in Assault Case
A judge in Cape May County, New Jersey dismissed an assault case against a bar after concluding that plaintiff had failed to produce sufficient evidence to prove that the establishment breached any duty owed to the plaintiff, a patron of the bar.
The plaintiff claimed that he was in a Sea Isle City bar when he allegedly was struck in the mouth by a beer bottle thrown by another patron during a bar fight. As a result of the purported incident, the plaintiff allegedly sustained injuries that included cuts in his mouth, chipped teeth requiring dental surgery and a herniated disc in his neck. The patron filed suit against the bar, alleging a failure to provide adequate security, failing to provide proper training to employees and serving a visibly intoxicated patron, among other allegations.
The attorneys for the bar, partner Matthew Stool and associate Frederick W. Brown, filed a motion for summary judgment at the close of discovery seeking to dismiss the action. On January 18, 2008, the Hon. Joseph C. Visalli of the New Jersey Superior Court in Cape May County granted the motion and dismissed the lawsuit against the bar with prejudice. A copy of the Court's ruling can be viewed through the link below.
File Under: Results, General Liability, Frederick W. Brown