MEDIA – A man says a Folsom bar/restaurant overserved fellow pub patrons who later went on to assault and seriously injure him and is thus vicariously liable, according to a recently-filed lawsuit.
Robert Potter of Prospect Park filed suit on Feb. 23 in the Delaware County Court of Common Pleas, against Palladino’s Rick’s Inc. (doing business as “Rick’s Place”) of Chester.
“On or about May 14, 2016 into the early morning hours of May 15, 2016, plaintiff was a patron of Rick’s Place in Folsom. While at defendant Rick’s Place, a verbal argument occurred between visibly intoxicated bar patrons not associated with plaintiff. Security guards…witnessed the verbal altercation and acknowledged that a fight may occur, yet did nothing to prevent the escalation of the altercation, nor did they take any action to stop it. ,” the suit says.
“At or around 2 a.m., Rick’s Place instructed all customers to leave its establishment, including the bar patrons who started the initial altercation. While plaintiff was leaving Rick’s Place, the bar patrons wantonly struck plaintiff in the face, thereby causing plaintiff to suffer severe and permanent injuries. Security guards of Rick’s Place who witnessed this unjustified and unprovoked incident again did nothing to stop or prevent this attack,” the suit adds.
The suit alleges Rick’s Place knew the patrons in question to be violent and the cause of prior altercations at the establishment, yet permitted them to remain customers.
The plaintiff says the defendants’ negligence caused him to suffer a fractured jaw requiring three plates to repair, injuries to his face, multiple chipped and broken teeth, plus head and back injuries.
For counts of vicarious liability negligence and violating the Dram Shop Act, the plaintiff is seeking damages in excess of $50,000, in addition to attorney’s fees, costs and interest.
The plaintiff is represented by Michael T. van der Veen in Philadelphia.
Delaware County Court of Common Pleas case 17-001922
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com