MEDIA – Requests for answers to discovery questions and for production of documents have been filed in the case of a man who says a Folsom bar/restaurant overserved fellow pub patrons, the same patrons who later allegedly assaulted and seriously injured him.
On Jan. 18, a motion to compel responses was filed by counsel on behalf of plaintiff Robert Potter, seeking the aforementioned information within 10 days or for defendant Palladino’s Rick’s Inc. to face sanctions.
The initial discovery request for interrogatories and documents was made on July 12, 2017, but plaintiff counsel argues the request was not answered within the time limit provided for by Pennsylvania Rules of Civil Procedure, 30 days. A good faith inquiry to the delay was also allegedly not responded to.
“At no time did defendant apply for or receive a protective order from the court regarding any of plaintiff’s discovery requests. To date, defendant has not answered plaintiff’s discovery requests. Without the benefit of these answers, counsel for plaintiff is unable to discover facts relevant to the case and fully evaluate this matter and/or otherwise prepare for the trial of this matter,” the motion states.
Potter of Prospect Park first filed suit in the Delaware County Court of Common Pleas on Feb. 23, 2017, 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 Francis J. O’Neill of the Law Offices of 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 nickpennrecord@gmail.com