South Jersey couple files injury claim against Phila. nightclub alleging assault and battery by security guard

By Jon Campisi | Jun 28, 2012

A man from South Jersey who claims he suffered an unprovoked attack at the hands of a

Philadelphia nightclub security officer while he and his wife were frequenting the establishment has filed a civil action against the business in state court.

Philadelphia lawyer Frederick M. Walton, Jr., of Harvey Pennington LTD, filed suit June 25 at Philadelphia’s Court of Common Pleas on behalf of Kevin and Sammie Brooks of Galloway, N.J.

The defendant named in the complaint is Philadelphia-based Seven Mountaintop, Inc., doing business as Pinnacle Nightclub.

According to the lawsuit, the plaintiffs had gone to Pinnacle, which operates inside of a first floor space in a downtown Philadelphia building, back on Jan. 2 of this year to celebrate Kevin Brooks’ birthday.

After entering the establishment, Sammie Brooks apparently got into an altercation with a bartender over a drink that was supposedly made incorrectly.

The commotion caused her husband to inquire as to what had transpired, at which time Kevin Brooks was allegedly assaulted at the hands of a bar security guard, according to the complaint.

Initially, one security guard attempted to diffuse the situation, although he informed Kevin Brooks that his order was to evict the couple from the establishment.

But as words were exchanged, the other security officer suddenly came between the business’s manager and Kevin Brooks and told Kevin Brooks to “get the [obscenity] out” of the bar, the lawsuit states.

It was at this time that that second security guard, who is not identified by name in the lawsuit, allegedly pushed Kevin Brooks against a wall and punched the plaintiff in the eye, the suit states.

While Kevin Brooks was on the ground, the security agent allegedly punched and kicked the man before dragging him out of the bar.

The nightclub manager failed to intervene during what the lawsuit claims was a “vicious assault.”

No apology was ever made by the establishment’s manager or owner, and the plaintiffs subsequently filed a police report detailing what had occurred at the business, the lawsuit states.

As a result of the incident, Kevin Brooks sustained severe and painful bodily injuries, the complaint alleges, including multiple contusions and lacerations to the face, and subconjunctival hemorrhage and abdominal injuries causing him severe pain, numbness, stiffness and blurred vision.

The couple have suffered emotional upset and distress, embarrassment, humiliation, mental anguish, fatigue and a shock to their respective nervous systems as a result of the incident, the lawsuit claims.

The complaint accuses the defendant of negligence for failing to keep the nightclub in a safe condition, failing to provide adequate security, failing to adequately train and screen employees and failing to monitor and oversee existing security measures.

For each of the two counts listed in the complaint, the plaintiffs seek compensatory and punitive damages in excess of $50,000, plus costs and other equitable relief.


The case ID number is 120603219. 

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