PHILADELPHIA – The estate of a man shot and killed outside a Philadelphia bar by one of its employees who was allegedly intoxicated is accusing the establishment of negligence.
Kevin Twist Jr. and Thomas Karpink (co-Administrators of the Estate of Kevin Twist Sr.), Kevin Twist Jr. in his own capacity and Elizabeth Tobin, all of Philadelphia, filed suit in the Philadelphia County Court of Common Pleas on Aug. 8 against Reale’s Restaurant & Lounge Inc. (doing business under that name and “Reale’s Bar”), Cindy Goldman, Gary Goldman and Delores Rosso of Philadelphia, and Stylles Rusling of Somerset.
On July 16, 2016, decedent Kevin Twist Sr. arrived at the parking lot outside Reale’s Bar and the Wellington Bingo Hall as a passenger in a Dodge Caravan, along with four other occupants, according to tle lawsuit. Then, driver Amy Crawford exited the minivan to open the rear door of the vehicle and unload a wheelchair needed by fellow passenger Robin Stinglin.
At that time, the minivan’s occupants were confronted by defendants Rosso and Rusling, who were both employed at Reale’s Bar. Rosso had wanted to park her vehicle where the minivan was stationed, and reacted angrily to that by blocking the minivan’s exit from the lot. Meanwhile, Twist Sr. and Rusling became involved in both a verbal and physical altercation –with Rusling allegedly having been intoxicated after drinking for the previous seven hours.
After a brief struggle, Rusling shot Twist Sr. twice in the chest and neck with a Glock .40 caliber handgun, according to court documents. Fellow passenger Tobin attempted to stop the bleeding from Twist Sr.’s chest gunshot wound with her shirt, to no avail.
Twist Sr. was pronounced dead at the scene by emergency response personnel. Rusling later pled guilty to voluntary manslaughter and a weapons charge, and is serving a 10 to 20 year sentence at SCI-Somerset.
The plaintiffs believe the defendants’ collective negligence and misconduct was the direct and proximate cause of Twist Sr.’s death.
In preliminary objections filed on Aug. 13, the defendants allege the plaintiffs’ claim for punitive damages was insufficiently-pled throughout the complaint and should be stricken, that defendants Cindy Goldman, Gary Goldman and Delores Rosso cannot be named as such due to the complaint not piercing the corporate veil and dismissal of the battery claim specifically against Rosso, feeling it improperly connected her to Rusling’s conduct.
For counts of survival, wrongful death, battery, negligent hiring, training and supervision, negligent infliction of emotional distress, intentional infliction of emotional distress and dram shop liability, the plaintiff was seeking damages in excess of $50,000, plus punitive damages, interest and costs.
The plaintiffs are represented by Jeffrey R. Lessin of Jeffrey R. Lessin & Associates, in Philadelphia.
The defendants are represented by Daniel S. Altschuler and Marcus A. Washington of Post & Schell in Philadelphia, plus John R. Evans of Donnelly & Associates, in Conshohocken.
Philadelphia County Court of Common Pleas case 180600797
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com