PITTSBURGH – A Pittsburgh security guard working a concert at an area winery says he was the victim of assault and battery, from a man under the influence of alcohol and drugs and included among a group of patrons to whom service was cut off.
Raymond J. Wilharm of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Nov. 11 versus Vinoski Winery, LLC and Derek M. Cesovski, of Belle Vernon.
“On Nov. 13, 2020, the defendant Vinoski Winery, LLC hosted a musical concert. On that date, Vinoski Winery, LLC, ran the event through its multiple full and part time employees as well as a small group of individuals on an ‘under the table’ type of engagement for the event whose purpose was to provide security for the event. The musical event provided a dangerous situation for the untrained and inexperienced security personnel as the event drew in many more patrons than could be safely overseen by the defendant, Vinoski Winery’s make-shift staff,” the suit says.
“Additionally, the winery was selling alcohol, wine, beer and other spirits which made the crowd more boisterous and dangerous. During the event, the defendant, Derek Michael Cesovski, was present and part of larger group of approximately 12 who were exceptionally unruly and under the influence of alcohol and other illicit drugs used on defendant, Vinoski Winery’s premises. The defendant, Vinoski Winery’s bar staff eventually had to cut off alcohol service to the group of 12. At some point during the events described above, the defendant Derek Michael Cesvoski and others engaged in a fight.”
The suit adds the plaintiff was on-site at the request of defendant Vinoski Winery to assist with the temporary group of “under the table” security persons, and that Cesovski sucker-punched and continued to assault Wilharm after he was knocked to the ground, during the time he attempted to intervene and break up the fight.
“As a direct result of the defendants’ conduct as described above, the plaintiff sustained physical injuries, which include but are not limited to the following: Multiple lacerations, abrasions, and bruising of the face; Trauma to his teeth, mouth, and face leading to facial disfigurement; Multiple contusions and abrasions of his body; Multiple cuts, scrapes, abrasions, contusions, bruising to various parts of the plaintiff’s person; and other injuries as the medical records may reveal or which have yet to be diagnosed,” the suit states.
“As a direct and proximate result of the defendants, the plaintiff has suffered the following damages, some or all of which may be permanent in nature: a) Great pain, suffering, inconvenience, humiliation, embarrassment, mental anguish, and emotional and psychological trauma; Plaintiff has and may in the future be required to expend large sums of money for medical treatment and care, hospitalization, medical supplies, surgical appliances, rehabilitation and therapeutic treatment, medicines, and other attendant services; Inability to enjoy various pleasures of life that were previously enjoyed; Loss and impairment of general health, strength, and vitality; and loss of earnings.”
For counts of negligence and assault and battery, the plaintiff is seeking damages in excess of the arbitration limits, plus costs, fees and interest.
The plaintiff is represented by G. Christopher Apessos of Apessos Law, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-013884
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com