United States: Lewis Brisbois Beats Negligent Security Action
Last Updated: May 18 2017

In Kelly v. Double Down NYC, the court granted our summary judgment motion to dismiss the plaintiff's negligent security and Dram shop claims.

The plaintiff alleged that someone tried to sexually assault her in the defendant's Manhattan bar. She testified that as she was trying to use the bathroom, the assailant appeared behind her and assault her.

The court granted our motion on the grounds that the assault was unforeseeable and there was no evidence of an "illegal sale" of alcohol for purposes of the Dram Shop Act.

The court also dismissed the claims sounding in punitive damages, negligent hiring and supervision, and emotional distress, agreeing that the defendant had no reason to anticipate the sudden assault in the bathroom, which occurred behind a closed door, especially since the assailant had every motive to conceal the crime.

We presented evidence that the bathroom had a functioning lock and that employees checked the bathroom every 30 minutes or so to ensure everything was orderly, which established our burden of proof on the motion. The court agreed that the plaintiff's opposition papers were too speculative to raise an issue of fact for the jury.

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