Injured by Bouncer

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In Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…

Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against Patron
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In Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…

Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard Continues
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In Hermitage Ins. Co. v. Beer-Bros, Inc. of NYC (a personal injury/premises liability case), the Supreme Court, NY County (in an opinion by Judge Braun) held in a decision dated May 12, 2015 that a bar/restaurant’s insurer was not obligated to defend or indemnify the bar under the “assault and battery” exclusion in the applicable insurance policy.…

Read More “Assault and Battery” Insurance Policy Exclusion Applies Where Bystander Was Injured by Bar’s Bouncer
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The combination of large groups of people, alcohol, and other factors may result in a dispute that escalates into violence. This is possible in, among other places, New York bars and clubs. These establishments frequently employ security personnel and/or bouncers to keep the peace. However, what happens when one is injured by one of these…

Read More Bouncer Battery: Patrons’ Rights
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