A New Jersey man who claims he was injured after being roughed up by a handful of
bouncers at a bar inside the Philadelphia Phillies’ sports stadium has filed an assault and battery complaint against the establishment.
Yardley, Pa. lawyers Jeffrey A. Krawitz and Michael C. Ksiazek, of the Stark & Stark law firm, filed the civil complaint July 18 at the Philadelphia Court of Common Pleas on behalf of Chad Dodge of Mullica Hill.
The defendants named in the lawsuit are Philadelphia-based McFadden’s At Ballpark LLC and Harrisburg, Pa.-based McFadden’s At Phillies Ball Park LLC.
According to the complaint, Dodge was patronizing the bar, which is inside Citizens Bank Park, on Aug. 24, 2011, when, without warning, he was “maliciously, intentionally, recklessly, wantonly, negligently and forcibly choked, dragged from defendants’ inside bar area, and then slammed through a door and thrown down to a concrete surface” by six of the bouncers employed by the restaurant/bar.
The lawsuit claims that the attack was unprovoked by the plaintiff or anyone he was with at the time.
As a result of the alleged assault, Dodge sustained injuries including fractures, torn ligaments and bone shattering and fragmentation of the right arm and shoulder, all of which caused the plaintiff to have to undergo multiple surgeries and treatments, the complaint states.
The suit claims Dodge has also suffered mental anguish as a result of the incident.
Dodge has been compelled to spend large sums of money on medical attention, the suit claims, and he has been unable to attend to his usual duties and occupations because of the attack.
The lawsuit accuses the defendants of negligence for employing excessive and/or unnecessary force with regard to the plaintiff, choking the plaintiff, dragging the plaintiff, slamming the plaintiff through a door and then throwing the plaintiff onto a concrete surface.
The suit also contains a negligent hiring/supervision count against the defendants in which Dodge accuses the bar of failing to exercise reasonable care in the selection and hiring of employees, hiring improper persons such as those with violent tendencies, failing to properly screen prospective employees, failing to perform criminal background investigations on prospective employees, having actual and/or constructive notice of the violent propensities of their employees and failing to properly train their employees.
Dodge seeks compensatory damages in excess of $50,000, plus attorney’s fees, statutory interest, costs and expenditures.
He also seeks $50,000 in punitive damages.
A jury trial is being demanded.
The case ID number is 120702393.
McFadden's sports bar hit with assault and battery complaint over attack by bouncers
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