PHILADELPHIA – A New Jersey man’s negligence lawsuit against security entities for a nightclub located within Harrah’s Casino in Atlantic City, which charged they failed to prevent him from being the target of a physical altercation when he was on their premises in November 2022, has been remanded to the Philadelphia County Court of Common Pleas.
Eric Teasley of Atlantic City, N.J. initially filed suit in the Philadelphia County Court of Common Pleas on Dec. 4, 2023 versus Green Mtn. Concert Services, Inc. of Williston, Vt., Red Hawk Protections Solutions, LLC of Philadelphia, XYZ Corp. 1-10 and John Does 1-10.
“On or about Nov. 24, 2022, at approximately 1:30 a.m., plaintiff was a patron and lawful business invitee at Harrah’s Resort Atlantic City, more specifically, ‘The Pool After Dark’, located at 777 Harrah’s Boulevard, Atlantic City, New Jersey 08401. Shortly before the aforementioned time and place, a physical altercation had occurred amongst a group of individuals, which required security services to intervene to restore order. Following said altercation, the individuals involved were permitted to remain on the premises by the event’s security personnel. Plaintiff was in no way involved in this initial altercation,” the suit said.
“A short time thereafter, a second physical altercation occurred, at or about the aforementioned time and place, in which plaintiff Eric Teasley, became subject to physical assault by way of punches, kicks, thrown glasses, and knife thrusts. Said second altercation involved the same individuals as the first altercation. Following said altercation, plaintiff Eric Teasley, with the assistance of acquaintances, fled to the valet section of the premises and place his left arm, which was bleeding profusely from a knife wound, in a tourniquet and nursed his numerous other injuries.”
The suit continued that the defendants “had a duty to provide for and maintain order and public safety at the premises”, but nonetheless, “negligently failed and neglected to adequately maintain, control, correct and/or take adequate, or any, protective measures to prevent injuries to patrons, including plaintiff.”
“As a direct and proximate result of defendants’ negligence, plaintiff suffered the following: Mandibular fracture displacement, mandibular fracture closed reduction, chin laceration, broken and/or chipped teeth, left upper quadrant stab wound, left arm stab/slash wound and permanent neurologic damage to his left arm, psychological and emotional damage, as well as other serious and permanent injuries, some of which, or all of which, have not healed to function normally, or may never heal to function normally with further medical treatment, past and future medical expenses, past and future lost earnings and lost earning capacity, past and future pain and suffering, past and future embarrassment and humiliation, past and future ability to enjoy life’s pleasures, disfigurement, emotional distress, incidental costs and out-of-pocket medical expenses,” the suit stated.
“As a further result of this incident, plaintiff has been obligated to receive and undergo necessary medical attention, including: Transport by EMS to the Emergency room at AtlantiCare Regional Medical Center, X-Rays at AtlantiCare Regional Medical Center, CT scans at AtlantiCare Regional Medical Center, MRIs at AtlantiCare Regional Medical Center, mandibular fracture closed reduction surgery at AtlantiCare Medical Center, prescriptions for pain medications, home exercise and/or physical therapy regimens and other necessary past and future medical treatment.”
Citing complete diversity of citizenship among the parties and the damages amount in question, defendant Green Mtn. Concert Services, Inc. removed the case to the U.S. District Court for the Eastern District of Pennsylvania on April 17 – but this led the plaintiff to motion for the case to be remanded to state court on April 22.
Teasley’s counsel argued because defendant Red Hawk is a citizen of the forum state and was served with the complaint well before removal was affected, the removal violated the ‘forum defendant rule’ of 28 U.S.C. Section 1441(b)(2) and the case must be remanded.
The Court agreed and remanded the case to the Philadelphia County Court of Common Pleas on April 25.
“Upon consideration of plaintiff Eric Teasley’s motion to remand and the disclosures of citizenship filed by each of the parties pursuant to Federal Rule of Civil Procedure 7.1(a)(2), it is hereby ordered that plaintiff’s motion is granted. The Clerk of Court is directed to remand this case forthwith to the Philadelphia County Court of Common Pleas, where it was filed at Case No. 231200224, and to close the case in the Eastern District of Pennsylvania,” U.S. District Court for the Eastern District of Pennsylvania Judge Cynthia M. Rufe stated.
For one count of negligence, the plaintiff is seeking, jointly and/or severally, all recoverable damages, together with any and all award this Honorable Court deems proper.
The plaintiff is represented by Howard G. Silverman and Michael J. Cadigan Jr. of Kane & Silverman, in Philadelphia.
The defendants are represented by Michael F. Schleigh of Hardin Thompson and J.D. Feenane of Deasey Mahoney & Valentini, both also in Philadelphia.
Philadelphia County Court of Common Pleas case 231200224
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01588
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com