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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Press Releases from this Firm
Recent Content from this Firm
By Michael Gonzales
By Ashley Arnett
By Christopher H. Wood
By Matthew Garrett-Pate, Nicholas Haynes
By Colin P. Hackett
By Alyssa Watzman, Elizabeth Dill, Griffen Thorne
By Christopher E. Ballod
By Erica Rocush
By Ezra Finkle
By Mary A. Smigielski
Tools
Print
Font Size:
Translation
Channels