SCRANTON – A woman allegedly injured in a St. Patrick’s Day parade melee inside Kildare’s Scranton last year has initiated legal action against the establishment, claiming it did not have proper security in place and overserved intoxicated patrons.

Jamie Pacelli of Berwick filed suit in the Lackawanna County Court of Common Pleas on June 21 versus Kildare’s Scranton, Inc., of Scranton.

According to the lawsuit, the defendant owns and operates Kildare’s Scranton, which becomes particularly crowded each year during the St. Patrick’s Day Parade and related celebrations. During the parade, the suit says Kildare’s sets up separate bars inside and outside the premises to accommodate the large number of patrons who stop by. 

The plaintiff and her friends were among those patrons last year, and her group stayed at Kildare’s for several hours.

Pacelli went to get a water bottle from one of the bars located inside the premises and noticed problems developing between her friend Magdalena and other unknown patrons inside of the bar. At that point, Pacelli says an unknown and visibly intoxicated patron sucker-punched Magdalena, and a fight broke out.

Pacelli was caught in the middle of the altercation and consequently became injured, she says. She was found on the floor in pain by security – only after the altercation was over, the lawsuit says, and was then transported to a local hospital to be treated for her injuries.

Pacelli claims the defendant failed to maintain the premises safely through not having adequate security on hand and knowingly served patrons at the bar who were visibly intoxicated, in violation of Pennsylvania state law, among numerous other charges.

Pacelli alleges she sustained severe and permanent injuries, including a complete tear of the anterior cruciate ligament (ACL) in her right knee, right knee pain, right knee scarring, sleeplessness, migraines, plus embarrassment and humiliation.

For counts of negligence and violating the Dram Shop law, the plaintiff is seeking in excess of $50,000.00, plus delay damages, interest, costs and such other and further relief, in this matter.

The plaintiff is represented by Jonathan S. Comitz and Jeremy R. Weinstock of Comitz Law Firm, in Wilkes-Barre.

Lackawanna County Court of Common Pleas case 17-CV-3514

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Lackawanna County Court of Common Pleas
200 North Washington Avenue
Scranton, PA - 18503

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