Dismissal reached in case of plaintiff who was allegedly physically assaulted at North Philly nightspot

By Nicholas Malfitano | Sep 10, 2018

PHILADELPHIA – The case of a local woman who litigated against a North Philadelphia nightclub for failing to protect her from a verbal and physical assault that caused her injury has been dismissed.

According to an order issued by Philadelphia County Court of Common Pleas Judge Paula Patrick on July 10, Kasheeka Carol’s case against Roe’s Lounge was dismissed with prejudice, through the granting of a motion for summary judgment (which had been filed by defense counsel John G. Devlin on June 4).

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, work persons, 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.

Prior to resolution and for a lone count of negligence, the plaintiff was seeking damages in excess of $50,000 in this matter.

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

The defendant was 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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