Men claim Penthouse Club's lax security led to assault, shooting

By Nicholas Malfitano | Jan 25, 2017

PHILADELPHIA – Three Philadelphia men say a Port Richmond gentlemen’s club did not take adequate measures to prevent a physical altercation that resulted in the trio being assaulted and shot at by a group of its patrons.

Matthew Neisser, Dean Malcom and Anthony Flexer, all of Philadelphia, filed suit on Jan. 19 in the Philadelphia County Court of Common Pleas, against 3001 Castor Inc., 3001 Castor Properties, LLC, ABCDE PA Management and ABCDE Castor Holding Company, also all of Philadelphia (and collectively doing business as the “Penthouse Club”).

“While in the bathroom at Penthouse Club, a bathroom attendant, in his capacity as an employee of the defendants, started a verbal argument with the plaintiffs. The bathroom attendant’s verbal argument then escalated into unprovoked physical contact upon plaintiffs by unknown bar patrons who were waiting outside the bathroom,” the lawsuit says.

The plaintiffs say they were struck and beaten by these same unknown bar patrons, before security intervened and removed all parties involved from the establishment. Further, the complaint says the unknown patrons opened fire on the plaintiffs from concealed weapons not confiscated by security before they entered the Penthouse Club.

In addition, the plaintiffs say the assailant patrons were responsible for prior altercations at the Penthouse Club, but were still permitted to enter by security on the night in question. The plaintiffs say the defendants failed to remove the patrons, provide adequate and trained security and violated the Pennsylvania Liquor Code, Section 4-493(1). In this particular case, that section would stipulate against the sale of alcohol to any persons visibly intoxicated.

In the altercation that occurred, Neisser allegedly suffered injuries to his face, head, back and multiple chipped teeth; Malcom allegedly suffered lacerations to his feet and torso, head trauma, back injuries and leg injuries; and Flexer allegedly suffered back injuries and a broken hand.

The plaintiffs are seeking damages in excess of $50,000, plus interest, costs and attorney’s fees.

The plaintiff is represented by Michael T. van der Veen in Philadelphia.

Philadelphia County Court of Common Pleas case 170102622

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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