PITTSBURGH – A Pittsburgh pub has denied responsibility for gunshot injuries sustained by a bystander to an exchange of gunfire between an unruly customer of the pub and its security force.
Lamont Littlejohn filed suit in the Allegheny County Court of Common Pleas on Sept. 7 versus Carmella Nelson (doing business as “Jay’s Lounge”). Both parties are of the Commonwealth of Pennsylvania.
“At all times relevant hereto, defendant owned and operated a bar establishment under the name Jay’s Lounge, located at 2176 Webster Avenue, Pittsburgh, Pennsylvania 15219. Defendant is in the business of serving alcoholic beverages to individuals permitted by law to purchase such beverages. Defendant is licensed to sell alcoholic beverages in the Commonwealth of Pennsylvania. On or about Aug. 9, 2023, defendant, by and through her agents, servants, employees and/or other representatives, sold alcoholic beverages to various individuals inside Jay’s Lounge, including a certain Dean Marbury,” the suit said.
“On or about Aug. 9, 2023, at approximately 10:30 p.m., plaintiff Lamont Littlejohn, was a customer and business invitee at defendant’s premises, when Dean Marbury and members of defendant’s security staff became involved in an altercation. Dean Marbury and members of defendant’s security staff began exchanging gunfire inside of the premises, before Dean Marbury fled outside of the premises, whereafter defendant’s employees and/or agents continued to discharge firearms in his direction. On or about Aug. 9, 2023, plaintiff Lamont Littlejohn was shot four times inside defendant’s premises, as a bystander to the aforesaid exchange between defendant’s agents and/or employees and Dean Marbury. Upon information and belief, plaintiff was shot by defendant’s agents and/or employees.”
The suit added that prior to the aforementioned shooting, the defendant served Dean Marbury alcohol when he was visibly intoxicated, while he was a customer of defendant’s premises.
“Defendant failed to maintain adequate security staff, procedures and protocols at her premises, such that the bar was unsafe for business invitees such as plaintiff Lamont Littlejohn. Defendant failed to take reasonable measures to prevent Lamont Littlejohn’s injuries,” the suit stated.
“Defendant’s inadequate and unreasonable security staffing, procedures and protocol were the cause of Mr. Littlejohn’s injuries. The aforementioned incident was caused solely and exclusively by reason of the negligence, carelessness and/recklessness of the defendant, her agents, servants, employees and/or other representatives, and was due in no manner to any act or failure to act on the part of the plaintiff.”
UPDATE
In an Oct. 27 answer to the case, the defendant largely denied its substantive allegations and required strict proof of them at the time of trial – before denying another of the case’s specific claims, regarding a subsequent car accident-related injury.
“The plaintiff has not provided any information in this complaint regarding a motor vehicle accident and the defendant or its agents operating a vehicle to cause the plaintiff an injury resulting in a cause of action against the defendant,” the answer also provided.
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, including punitive damages, as well as any other form of relief that the Court deems just, adequate and proper.
The plaintiff is represented by Anthony J. Giannetti and Adam D. Shorr of Swartz Culleton, in Pittsburgh.
The defendant is represented by Franklin L. Robinson, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-010441
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com