Pennsylvania Record

Saturday, August 17, 2019

Settlement reached for man who said he was assaulted at private New Year's Eve party

State Court

By Nicholas Malfitano | Aug 5, 2019


National Museum Of American Jewish History | Heintges

PHILADELPHIA – A plaintiff who alleged he was brutally beaten at a private New Year’s Eve party held at a Philadelphia museum almost four years ago has settled litigation against all parties he felt were responsible for his injuries.

On April 1, plaintiff counsel filed a praecipe to mark the litigation from Lawrence Pemberton as settled, discontinued and ended. Terms of the settlement were not disclosed.

Pemberton, of Havertown, first filed suit in the Philadelphia County Court of Common Pleas on Nov. 20, 2017, versus the National Museum of American Jewish History of Philadelphia, Echelon Protection and Surveillance of Limerick, JB Productions Live, LLC of Asbury Park, N.J. and Sean Michael Kane of York.

Pemberton was attending a private New Year’s Eve party at the National Museum of American Jewish History in December 2015, and accompanied his brother, a non-party to the action who had been asked to leave the party due to unrelated events, to the elevator bank of the premises, the suit said.

While waiting for the elevator, Pemberton claimed he was severely assaulted and beaten by defendant Kane and other individuals attending the private party. Pemberton alleged this assault took place in the presence of the defendants’ employees and representatives, who did nothing to prevent it or intervene.

Pemberton suffered a left nasal bone fracture, lacerations to his face requiring stitches and pain and trauma to other various parts of his body, plus restrictions on normal range of motion to those same injured body parts, the suit said.

Pemberton alleged the museum and corporate defendants failed to provide proper security, prevent the assault, failed to use due care and acted with negligence and recklessness in its actions, among many charges.

However, a representative for the museum explained that the event in question was a private party with no connection to the museum, and that the party hosts hosts contracted use of the museum's rental space for an event that was fully separate from any museum program or activity. The same representative added that no members of the museum staff had any connection to the circumstances related to the incident.

"The case described was defended and settled by the insurance company for the security company on premises for the evening of the event, and the museum was indemnified and fully absolved of any connection to the plaintiff or the resulting settlement," the representative said.

Prior to settlement and for multiple counts of negligence, assault and battery, the plaintiff was seeking damages in excess of $50,000, plus interest, costs, delay damages under Pennsylvania Rule of Civil Procedure 238 and any other relief the Court may deem appropriate.

The plaintiff was represented by Jared S. Zafran, Stephen J. Devine and Edward J. Gilson III, in Philadelphia.

The defendants were represented by Erica C. Johnson and John M. Pecci II of Marks O’Neill O’Brien Doherty & Kelly and Kristin S. Mutzig of Swartz Campbell, all in Philadelphia, Andrew P. Moore of Andrew Moore & Associates in Abington and Robert J. Balch of Post & Schell, in Allentown.

Philadelphia County Court of Common Pleas case 171102045

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Marks, Kent and O'Neill PC Philadelphia County Court of Common Pleas

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