The Times Leader had reported that a personal injury lawsuit, not the first, has been filed against a bar in Nanticoke for its failure in providing patrons with security during New Year’s Eve festivities that resulted in injuries.
One woman was allegedly slashed with a box cutter and a man was badly beaten in the melee that ended on New Year’s Day.
The suit names the bar, The Prospect Street Café, and it’s owner, P.H., for negligence in training their security guard and keeping customers – that were listed as barred from the premises – from gaining access.
Wells-area attorney, David Selingo, represents the victim, R.W. The suit seeks unspecified damages for the two counts of negligence listed.
A similar suit was filed on January 13 on behalf of the victim that was slashed, J.M., again naming both the bar and its owner as negligent. In J.M.’s suit she stated that because the security guard did not adhere to the list of barred customers, a person that was let in – and was also under the legal drinking age – assaulted her with a box cutter.
Allegedly no employees stepped in to protect J.M. in the attack. And the only reason for the attack, per J.M., was because she assisted another friend that had slipped off her bar stool.
The lawsuit states that The Prospect Street Café has had a minimum of nine incidents in, or just outside, of the bar. Prior to the New Year’s brawl, the bar had been cited no less than 16 times for disturbances.
Due to an agreement that P.H. entered into with the state Liquor Control Board he was required to employ a security guard. The guard was to be trained, and, maintain a list of all persons that had been barred from entering.
The incident occurred when R.W. went to the bar to purchase beer he had ordered. Once inside, he changed his mind when he saw some friends, and decided to stay for a while. As he ordered a drink he noticed a female friend of his get pushed off from her bar stool. He stepped in to help her but the security guard, instead of helping the woman back up, dragged R.W. outside.
R.W. claims that once outside of the bar he was beaten with a pool cue and his jaw fractured. In the suit R.W. states that since the attack he now suffers with pain, anxiety, loss of sleep and depression.
Both the bar and its owner are named for their failure in insuring that the guard had proper training, wore the proper clothing, not allow minors into the bar, not serve alcohol to minors and to maintain “control” of the premises.
Detective Captain William Shultz, with the Nanticoke police department, said that the investigation of the incident is ongoing.
Have you been injured while inside, or just outside, a business? Whether someone pushed you, or worse, you have grounds for a personal injury lawsuit. A monetary award is often made to compensate for your pain and suffering. Contact a personal injury lawyer to discuss your case.