Assault litigation heading to trial in state court this summer

By Nicholas Malfitano | May 25, 2018

PHILADELPHIA – The case of a local woman who filed suit against a North Philadelphia nightspot, alleging the establishment’s failure to provide proper security led her to be on the receiving end of a verbal and injurious physical assault is proceeding towards trial this summer.

PHILADELPHIA – The case of a local woman who filed suit against a North Philadelphia nightspot, alleging the establishment’s failure to provide proper security led her to be on the receiving end of a verbal and injurious physical assault, is proceeding towards trial this summer.

Per a revised case management order issued by Philadelphia County Court of Common Pleas Judge Lisette Shirdan-Harris on April 5, it directed that all pre-trial discovery and expert reports be submitted by May 7 and settlement conference would be able to be scheduled subsequent to Aug. 6. Finally, all counsel will file detailed pre-trial documentation prior to June 4 and an anticipated trial date is now in place of Sept. 4.

Kasheeka Carol of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on July 6, 2017 versus 1645 Phase One (doing business as Rose’s Lounge), also of Philadelphia.

“On or about Aug. 13, 2016, at approximately 1:45 a.m., plaintiff was a patron and/or customer of the premises and were in and/or near the premises, which was open to and used by the patrons and/or customers of defendant. At the time and place aforesaid, plaintiff was the target of a loud and escalating verbal and physical assault by a group of unidentified people that took place in the presence of said agents, servants, workpersons, employees, security personnel and/or bouncers,” the complaint read.

The plaintiff claimed the incident was due to negligence on the part of Rose’s Lounge, in failing to prevent the assault and allowing Carol to be exposed to it. As a result of the assault, the plaintiff says she has suffered the following injuries: lumbar disc bulging, headaches, bruising to the chest, ribs and back, lacerations and ongoing neck and low back pain.

For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000 in this matter.

The plaintiff is represented by Alexander M. Kroupa of Bishop Dorman Kroupa & Bishop, in Philadelphia.

The defendant is represented by John G. Devlin of Devlin & Associates, also in Philadelphia.

Philadelphia County Court of Common Pleas case 170700333

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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