MEDIA – A Philadelphia woman who was shot by another patron of an Upper Darby tavern after attending a birthday party, has secured a default judgment against the establishment where the altercation took place.
Lashawnda Dixon of Philadelphia first filed suit in the Delaware County Court of Common Pleas on Nov. 15 versus L&D 7160, Inc. (doing business as or also known as “Rudy’s J&M, Inc.” and Rudy’s Tavern) of Upper Darby, plus John Doe Nos. 1-10.
On the night in question, June 10, 2021, the suit alleges that defendant John Doe No. 1, a patron of defendant Rudy’s Tavern who was unknown to plaintiff Dixon, consumed so many alcoholic beverages which were arranged by defendant Rudy’s Tavern, that he became boisterous violent and aggressive to other patrons present on the premises, causing danger to patrons and employees therein.
“Plaintiff Dixon on June 10, 2021 was a patron at defendant Rudy’s, who had rented tables from it at a rate of $300 to enjoy a birthday party of a friend,” the suit said.
“On June 10, 2021 at about 1 a.m., plaintiff Dixon was exiting defendant Rudy’s upon conclusion of the birthday celebration, when defendant John Doe No. 1 shot plaintiff Dixon in her foot while agents, servants, employees and/or security personnel of defendant Rudy’s looked on and failed to intervene.”
Dixon added that her shooting injuries and damages were caused “by the negligent, reckless, grossly-negligent and/or willful/wanton action and/or inactions of defendant Rudy’s, by continuing to serve alcoholic beverages to the visibly-intoxicated defendant John Doe No. 1, in violation of the requirements of the Pennsylvania Liquor Code.”
“As a result of this shooting, plaintiff Dixon has suffered an injury which is permanent irreparable and severe. As a further result of the defendants L&D 7160 Inc.’s negligence, plaintiff Dixon was unable to attend to her daily duties and occupation, thereby suffering a loss of earnings and/or impairment of earning capacity, which plaintiff Dixon may continue to suffer for an indefinite time in the future, which such loss of income and/or impairment of earning capacity,” the suit stated.
“As a further direct and proximate result of defendants L&D 7160, Inc.’s actions, negligence and/or carelessness, plaintiff Dixon has suffered in the past and may suffer in the future, inconvenience, embarrassment, emotional distress, humiliation, scarring, pain and suffering and loss of life’s pleasures, all to plaintiff’s great detriment and loss financial and otherwise.”
UPDATE
On Jan. 3, plaintiff counsel filed a praecipe to obtain a default judgment, given the lack of legal response from the defendant.
“Kindly enter judgment in favor of plaintiff Lashawnda Dixon and against defendants L&D 7160 Inc. Et.Al in an amount to be determined after hearing on damages related hereto, for defendants’ failure to plead pursuant to Pennsylvania Rule of Civil Procedure 1037(b) as certified herein,” the praecipe read.
Three days later, on Jan. 6, the Delaware County Court of Common Pleas’s Office of Judicial Support certified the default judgment, in an amount yet to be determined.
For multiple counts of negligence, Dram Shop liability and punitive damages, the plaintiff is seeking damages, individually, jointly and/or severally in excess of $50,000, plus costs, delay damages, punitive damages and all other damages to be determined at the time of trial.
The plaintiff was represented by James T. Marsh of Justice Law Center, in Philadelphia.
The defendants did not secure legal counsel.
Delaware County Court of Common Pleas case CV-2021-009377
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com