A Reading, Pa. man has filed a personal injury lawsuit against a Northwest Philadelphia bar, holding the establishment responsible for injuries the plaintiff allegedly suffered after getting struck over the head with a beer bottle swung by a fellow bar patron.
The alleged offender, Colby Nicholas Franks-Pellegrini, is also named as a defendant in the civil action, which was filed at Philadelphia’s Common Pleas Court May 8 by Philadelphia attorney James M. Turner of the firm Furia and Turner.
According to the complaint, the plaintiff, Jordan Cannon, was “violently and brutally struck” on the top of the head by a bottle thrown by Franks-Pellegrini while both were visiting Mad River Manayunk on Nov. 24, 2010.
The restaurant and bar is located at 4100 Main St. in the Manayunk section of Philadelphia.
The alleged assault and battery committed by Franks-Pellegrini was unprovoked and in “no manner whatsoever due to any act or failure to act on the part of the Plaintiff,” the lawsuit contends.
As a result of the incident, Cannon had to receive six staples in his head to close the laceration caused by the broken glass bottle. He also suffered aches, pains and mental anguish, as well as injuries to his nerves and nervous system, all of which have caused Cannon to spend various sums of money on medical treatment, the lawsuit states.
“Plaintiff’s injuries cause constant pain, discomfort and limitation of motion, all of which injuries are or may be permanent in nature,” the complaint states.
The lawsuit accuses Mad River of negligence, carelessness and recklessness for failing to provide adequate security to protect individuals, such as the plaintiff, from dangerous bar patrons.
The suit also faults the establishment for failing to control the threatening conduct of the alleged offender, failing to summon help from the police once the bar learned of Franks-Pellegrini’s presence, failing to “reasonably anticipate” the assault perpetuated by the defendant, who allegedly “tormented, harassed and assaulted the Plaintiff” after being warned of the same, and failing to warn the plaintiff that there had been prior attacks by bar patrons so as to “timely advise Plaintiff of the dangerous condition of the Defendant’s facility.”
The complaint also accuses Franks-Pellegrini of negligence for the alleged attack he carried out on Cannon.
Cannon seeks $50,000 in compensatory damages, plus costs and other damages, for each of the six counts listed in the complaint.
An arbitration hearing on the matter has been scheduled for early next year.
The case ID number is 120500365.