PHILADELPHIA – A New York man who allegedly suffered severe injuries after being struck in the side of the face by a fellow patron wielding a glass inside a Philadelphia nightclub has sued the establishment, its ownership and his alleged assailant.
David Rubin of Brooklyn, N.Y. filed suit in the Philadelphia County Court of Common Pleas on Feb. 22 versus The Trestle Inn, its owners Ian Cross and Josette Bonafino and Bianca De Pietro, all of Philadelphia, Gladurhar, LLC (doing business as “The Trestle Inn”) of Wallingford and B&B Partners, Inc. of Thorofare, N.J.
The suit says Rubin was a patron of the Trestle Inn in Philadelphia from the early evening hours of April 2, 2016, to the early morning hours of April 3.
“During the afternoon of April 2, 2016, defendant De Pietro arrived at The Trestle Inn, where her boyfriend was performing that evening as a DJ, and the agents, employees, service staff, and/or ostensible agents of Trestle defendants began serving defendant De Pietro alcoholic beverages,” the suit says.
“Near midnight on the date in question, defendant De Pietro, without justification, provocation, or reasonable basis, assaulted and/or battered plaintiff by striking him with a glass bottle, glass tumbler, and/or pint glass on the left side of his face while he was waiting in line to use the restroom in the premises known as The Trestle Inn.”
The litigation claims the Trestle defendants negligently sold De Pietro alcoholic beverages after she was visibly intoxicated, failed to properly train and supervise its employees from engaging in that practice, failed to prevent De Pietro from striking Rubin and failed to have adequate security staff on hand, among other violations.
For counts of assault and battery, dram shop liability, negligence and negligent and/or intentional infliction of emotional distress, the plaintiff is seeking damages in excess of $50,000, with lawful interest thereon and costs of suit.
The plaintiff is represented by Mark W. Tanner and James P. Faunes of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig, in Philadelphia.
Philadelphia County Court of Common Pleas case 180202285
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com