Tuesday, November 15, 2016

Spring bar to pay $3 million for serving drunk driver who killed 3 in wreck (Spring, TX)


Families of two people killed in a 2012 triple-fatal wrong-way crash received a $3 million settlement with Papa's Ice House in Spring Thursday.

Stephen Kyle Isbell, 47, of The Woodlands, Anis Atkins, 25, of Houston, and Dominique Hobbs, 27, of Grand Prairie, died when Ed Blackwell, 47, crashed into a car while driving north in the southbound lanes of Interstate 45 in July 2012 following a night of heavy drinking at Papa's Ice House in the 300 block of Pruitt Road in Spring, court records show.

Court documents state Blackwell and Stephen Isbell were at Papa's Ice House for close to six hours late on June 30, 2012, and into the early morning hours of July 1, 2012. The lawsuit alleged employees served the two "large quantities" of alcohol when they were "obviously" drunk already.

Isbell's wife Tara Isbell sued Papa's Ice House as well as Spring Social Club Inc., which owns and operates the Texas Alcoholic Beverage License for the restaurant, in February 2012 alleging employees over-served Blackwell the night of the crash. Family members of Hobbs joined the lawsuit a month later.Department of Public Safety troopers initially told The Courier that Blackwell got onto the Interstate 45 southbound lanes near Woodlands Parkway before making a sharp U-turn on the highway and driving north in the southbound lanes. That's when he crashed into a car occupied by Hobbs and Atkins, killing them and Isbell on impact.

According to Texas' Alcoholic Beverage Code, bars are open to lawsuit if they serve someone alcohol who is "obviously intoxicated to the extent that he presented a clear danger to himself and others," and the drinker goes on to cause damage, personal injury or death while intoxicated. Court documents show TABC investigated the incident and fined Papa's Ice House $21,000 for over-serving an intoxicated person. That was before the families filed the civil suit.

The case was set for trial a few times in the last few months. Attorneys filed the proposed settlement Sept. 15.

The original complaint listed Richard Loughridge, who owns both Papa's Ice House and Papa's On The Lake, as a defendant, but the order signed by 284th state District Court Judge Cara Wood on Thursday explicitly says the families cannot collect any money directly from Loughridge.

Blackwell, whose blood-alcohol content was more than twice the legal limit at the time of the crash, originally was charged with three counts of intoxication manslaughter for the three people's deaths. But a criminal jury ruled him incompetent to stand trial in September 2014 after attorneys showed that the injuries he suffered during the crash caused him to have dementia and other mental ailments. The charges were dismissed months later.

In an eerily similar wrong-way drunk-driving crash on the same stretch of highway days earlier, Nicole Baukus crashed and killed Nicole Adams, 19, of Cornoe, and Travis Ryan Saunders, 18, of Houston. The crash also severely injured David Porras, who sued On The Rox Sports Bar and Grill in the 500 block of Sawdust Road in Spring for over-serving Baukus.

Porras' attorneys reached an agreement with the establishment for a $1 million settlement in April 2013.

Attorneys for the plaintiffs and defendants in the Papa's Ice House case were unavailable for comment.

via http://www.yourconroenews.com/news/article/Spring-bar-to-pay-3-million-for-serving-drunk-10610941.php

Tuesday, November 1, 2016

Jury awards $18 million verdict following beach bar fight (Jacksonville, FL)

A jury handed down a multi-million dollar verdict Monday afternoon against a popular bar in Neptune Beach.

Joshua Mathews sued the iconic Pete's Bar in 2013 for the traumatic brain injury he sustained during a fight in the parking lot.

The two week trial in Duval County circuit court ended with a jury deciding that Pete’s Bar should be held liable for Mathews over $18 million in damages.

Attorney Michael Pajic said his client wasn’t allowed to testify in court because of his disabilities.

Pajic says Mathews suffers from a brain condition limiting his ability to express himself. Pajic says Mathews was a regular at Pete’s Bar, and was intoxicated on July 22, 2012 when a fight erupted.

“It was at closing time, and there was a verbal altercation right out at the entrance and another patron was inserted into that altercation,” Pajic says. “A brawl started, and Josh tried to break it up and got punched and fell and hit his head on the cement.”

The violent brawl sent Mathews to the hospital and into a coma for two months. He uses the assistance of a cane or walker when moving, and though he understands conversations, he has trouble finding the words to respond.

Pete’s Bar is one of the oldest in Duval County and is recognized as the first to obtain a liquor license after the end of prohibition in 1933.

Each year droves of patrons flock to Pete’s on Thanksgiving day for an event coordinated by the beachfront business.

The 2012 brawl happened outside the bar’s doors, but Mathews attorneys say the business was negligent in the amount of security it provided.

"What this shows is a bar's duty can extend outside its premises,” says Pajic. “Even as patrons are exiting, they have a duty to keep the area around their bar safe."

Defense attorneys representing the bar argued Mathews assumed the risk of injury when he joined the fight. The bar’s answer to the lawsuit identifies seven individuals that were responsible for the altercation.

However, Monday a jury sided with the man who longs to express himself again and who hopes the favorable verdict will lead to better medical treatment and bigger steps toward recovery.

Pete’s Bar’s owners did not respond to requests for a comment on the verdict.

via http://www.firstcoastnews.com/news/jury-awards-18-million-verdict-following-beach-bar-fight/345264498

Thursday, October 27, 2016

3 Minn. Bars Found Partially Responsible for Fatal Drunk-Driving Crash (Rochester, MN)

Three Minnesota bars will have to pay a portion of a $15 million settlement after a judge found them partially responsible for a drunk-driving crash that killed a child and left his cousin paralyzed.

According to the lawsuit, defendant Gerald Mohs left the Wicked Moose Bar and Grill in Rochester the evening of Sept. 20, 2014, and drove about two blocks, going west in the eastbound lanes of U.S. Highway 14 in Rochester.

Moh’s vehicle collided head-on with a vehicle driven by Amber Bishop. Seven-year-old Jeramiya Bishop and his cousin, 9-year-old William Siems, were in the back seats of Amber Bishop’s vehicle.

William was killed in the crash, and Jeramiya Bishop suffered spinal injuries that have rendered him a paraplegic, according to the lawsuit.

Forensic toxicologists say Mohs consumed about 21 one-ounce alcoholic drinks the afternoon and evening before the crash.

The lawsuit says Mohs and his wife went to Treasure Island Casino in Red Wing earlier that day, around 1:30 or 2 p.m., and Mohs moved around the casino, buying drinks at separate bars within the casino.

Mohs finished gambling just before 4 p.m. and met his wife back at the bar, and she suggested that they leave Treasure Island and stop at the nearby Tipsy Turtle bar, according to the lawsuit.

The lawsuit says they arrived at the Tipsy Turtle, where they drank and played pool.

The plaintiff’s toxicologist calculated that Mohs likely consumed 10 one-ounce drinks at the Tipsy Turtle while the defendant’s toxicologist calculated that Mohs likely consumed eight one-ounce drinks at the Tipsy Turtle in addition to eight drinks at Treasure Island.

The lawsuit says Mohs also consumed four more drinks at the North Star bar and one at the Wicked Moose later that night. He was denied a second drink by the Wicked Moose and was told to leave, so he got in his car at 8:11 p.m. and drove away.

Less than a minute later, Mohs crashed into Amber Bishop’s vehicle, according to the lawsuit. He then left the scene of the crash on foot before police arrived. He was seen on surveillance video arriving at the North Star bar a second time at 9:30 p.m.

About an hour and 10 minutes later, he was arrested.

The lawsuit ruling says there’s no evidence to suggest that Mohs was obviously intoxicated at Treasure Island, but he was obviously intoxicated when he was served alcohol at the Tipsy Turtle, the North Star and the Wicked Moose bars.

Because of that, Treasure Island was not found liable.

Mohs was found 50 percent liable, the Tipsy Turtle was found 25 percent liable, the North Star was found 20 percent liable and the Wicked Moose was found 5 percent liable.

The ruling says the trustee and next-of-kin of William Siems is entitled to $1.07 million, Jeramiya Bishop is entitled to $12.5 million and Amber Bishop is entitled to $1.41 million.

via http://kstp.com/news/settlement-fatal-drunk-driving-crash/4301220/

Thursday, October 13, 2016

Albany found liable in illegal nightclub shooting lawsuit (Albany, NY- $15.2mm)

(Source: WALB)ALBANY, GA (WALB) -
The City of Albany has been ordered to pay almost 10.5 million for failing to shut down an illegal nightclub where a man was shot to death in 2010.

The mother and father of LaShelton Stanford sued the city, the owners of Brick City, and gang members convicted in their son's death.

After deliberating for about 6 hours on Wednesday, a jury awarded $15.2 million to the family.

The city is responsible for 70 percent of that.

Sheldon was beaten by gang members, and then shot six times by Shenard Smith who is now in prison.

The lawsuit claimed the city failed to shut down the illegal nightclub which was licensed as a music studio.

via: http://www.walb.com/story/33377906/albany-found-liable-in-illegal-nightclub-shooting-lawsuit



A few thoughts here...by Steve Guidry 

I think what city officials would want to take from this is don't look at this from an "illegal" bar and nightclub view. I would be looking at it from a "poorly run, numerous incidents, and we didn't shut these guys down" point of view.

You think I'm kidding? All it takes is the right person killed at a venue that has been a public nuisance for a while...and you have a serious problem on your hands as a city official.

Just my two cents. 


Bar owners, plaintiffs, legal teams for insurance companies, or city officials:  What's your plan? 
steve@calmbarsafety.com.

Friday, October 7, 2016

Student awarded €15k after being hit by bouncer (UK)



(dawn cleary)
A 28-year-old student who will be scarred for life after being viciously attacked by a nightclub bouncer has been awarded €15k damages.

Elaine Bennett told the Circuit Civil Court that she had been celebrating New Year 2014 when she and her friends decided to go to Krystle Nightclub in Dublin's Harcourt Street.

She said her friends had gone inside while she stayed outside for a smoke.

When she had wanted to get in, she was refused entry because, according to bouncers, she was "too drunk".
She had drunk seven glasses of wine that day.

Ms Bennett, who is from Cork, said she left the area but came back half-an-hour later as her friends were inside and she was alone on the street. She was refused entry a second time. She told the court that when she asked again if she could be let in, a female bouncer suddenly attacked her, pulling her to the ground by her hair.

Mr Justice Raymond Groarke heard that Ms Bennett was punched and kicked on her body and face before another security guard separated them.

Ms Bennett told her barrister Mr Mark O'Connell that she had been helped up by people on the street before gardai had arrived on the scene.

She had gone to her GP a few days later, complaining of bruising on her face and body. Her wounds had left a permanent scar under her right eye.

Ms Bennett, of Glenary, Glencoo Park, Boreenmana Road, Cork, sued Triglen Holdings Ltd, which trades as Krystle Nightclub, and P&B Security Services Ltd (now in liquidation), with a registered address at Newhall, Naas, Co Kildare.

The defendants had denied liability and claimed that Ms Bennett had been extremely and racially abusive towards the security staff.

They said she had pushed female bouncer Dawn Cleary down the entrance stairs, calling her a "bitch" and a "Polish lesbian". She had called another bouncer a "Polish b******."

Judge Groarke said that although it was his view that the bouncers had an obligation to refuse Ms Bennett entry because she was intoxicated, he was satisfied she had been viciously assaulted.

He said he could not believe a word that Ms Cleary had said in the witness box.

She had also refused to co-operate with gardai who investigated the incident and, in the judge's view, she should not be licensed to work in security.

The judge awarded Ms Bennett €15,000 damages and adjourned the case to a date this month to determine which of the two defendants was liable to pay.


via: https://www.sundayworld.com/news/courts/student-awarded-15k-after-being-hit-by-bouncer

Saturday, September 10, 2016

At Witz End is liable for serving alcohol to a “noticeably intoxicated” Vanderhoof

August 17th, 2016 - A Mentor couple whose house was destroyed after a drunken driver crashed into it has settled a lawsuit against the Willoughby bar that served the man alcohol.

Tonya Blare and Christopher L. Lukasiewicz filed suit in August 2013 in Lake County Common Pleas Court against At Witz End on Lake Shore Boulevard.

Also named in the suit was Daniel Vanderhoof Jr., a 31-year-old former Willoughby man serving 16 years in prison for driving a 1991 Mercury Grand Marquis into the one-story Comanche Trail home shortly before 3 a.m. Dec. 9, 2012. He had been traveling more than 60 mph in a 25 mph zone.

Heather Wright, a Willoughby woman who loaned Vanderhoof her car, was also sued for negligent entrustment.

Details of the settlement with At Witz End were not immediately available.

However, Magistrate Mathew Spangler found Wright and Vanderhoof jointly liable for $1.289 million:

• Tonya Blare’s personal injuries, $17,066.64 

• Christopher L. Lukasiewicz’s personal injuries, $361,740.57
• Christopher N. Lukasiewicz’s personal injuries, $675,072.10

• Cassandra Lukasiewicz’s personal injuries, $135,222.90 
• Homeowner Natilee Blare’s property damages, $75,000
• Tonya Blare and Christopher L. Lukasiewicz’s property damages, $25,000

Spangler also found Vanderhoof responsible for an additional $1.289 million in punitive damages.

Judge Eugene A. Lucci adopted the magistrate’s decision Aug. 12.

Michael D. Murray, attorney for At Witz End, and Blare’s lawyer, Thomas Brunn Jr., did not immediately return calls seeking comment on the settlement. A message left for an owner or manager at the bar also was not immediately returned.

At the time of the crash, Blare, Lukasiewicz and their two children were inside.

Three-year-old Christopher N. Lukasiewicz was trapped under the car. He suffered a traumatic brain injury resulting in neurological, speech and movement defects, as well as disrupted vision, according to the suit.

His father suffered a broken arm and damage to his shoulder. Blare and then-18-month-old Cassandra also were hospitalized.

Damage to the home and its contents was more than $100,000.

According to the lawsuit, At Witz End is liable for serving alcohol to a “noticeably intoxicated” Vanderhoof before the incident. In addition, Wright should have known he wasn’t able to drive when she loaned him her car, the suit stated.

Wright’s landline phone has been disconnected. She had no attorney on record.

Vanderhoof pleaded guilty to two counts of aggravated vehicular assault and OVI. His BAC was .172, more than double the legal limit of .08. 




Via: http://www.news-herald.com/general-news/20150817/willoughby-bar-settles-lawsuit-from-mentor-family-that-sued-after-drunken-driver-crashed-into-home

Friday, September 9, 2016

MT family awarded $4.6M in wrongful death lawsuit against bar

ABSAROKEE - August 24th, 2016


Via: http://www.kpax.com/story/32833777/absarokee-family-awarded-46-million-in-wrongful-death-lawsuit-against-bar

The parents of an Absarokee man killed in a 2013 hit-and-run crash have been awarded $4.6 million by a Stillwater County judge who ruled a bar over-served the alleged drunk driver who was under 21.

Stillwater County District Judge Blair Jones ruled Monday in favor of Gregory and Cynthia Dana, who represent Forest Dana’s estate.

The defendant, Hanson’s Five Spot Bar, did not appear at the hearing to contest the plaintiff’s request for damages.

The judge ruled that Hanson’s Five Spot Bar is responsible for the wrongful death of Forest Dana, 27, because bartenders did not verify the age of Thomas Holtz before serving him alcohol the night Dana was killed.

Holtz, now 23, was not of the legal drinking age at the time he was served alcohol by bartenders.

Though Holtz is implicated in the civil lawsuit as the driver of the vehicle that killed Dana, the criminal charges against him were dismissed by County Attorney Nancy Rhode due to issues regarding reasonable doubt.

The criminal case against Holtz, who was initially charged with negligent homicide, was dismissed in February after investigators could not conclusively determine that Holtz was driving his own vehicle when it hit the victim.

Dana was found dead by his parents in the alley behind the Five Spot Bar.

The coroner determined Dana died from a severed spinal cord as a result of being run over by a vehicle.

Video surveillance captured Holtz’ vehicle speeding around town and DNA samples collected from its undercarriage match the victim.

But there were no eye witnesses to the actual impact that killed Dana.

Investigators said Holtz was served at Hanson’s Five Spot Bar shortly before the crash occurred.

Prosecutors also accused Holtz of crashing the vehicle into a tree in order to disguise evidence of hitting Dana.

The victim’s parents recognized in the settlement that the award of millions of dollars would likely not be paid because the bar never provided the court financial documents.

Without those documents, the court cannot speculate as to what is the appropriate amount of punitive damages allowed by law, according to court documents.

The family conceded that the settlement was symbolic, in hopes to deter other businesses serving alcohol from over-serving and failing to check IDs.



 

Thursday, September 8, 2016

Jurors award Indiana victim in Champs Sports Bar fight $7 million

LAFAYETTE, Ind. — 

David Widner suffers from a traumatic brain injury he received in a bar fight, which Champs Sports Bar should have prevented, according to a $7 million civil judgment against the bar and its owner, Ronald Shane Mundell.

Tippecanoe Superior 1 jurors decided last month after a civil trial that the bar and Mundell were liable for Widner's permanent brain damage suffered early Dec. 28, 2012. The fight was in Champ's parking lot at 610 South Earl Ave. in Lafayette, according to court records. Widner nearly died from the beating he took and was hospitalized for seven months, racking up $850,000 in medical bills, Widner's attorney, Michael J. Stapleton, said.

Brent A. Dimmitt, the man who beat and kicked Widner, now is serving an 18-year prison sentence, according to court records.

In a video deposition from prison, Dimmitt said, "If they'd had somebody in there to intervene or confront — you know — maybe things would have ended better for Mr. Widner and myself."

Stapleton said the attack on Widner was foreseeable and preventable if Champs and Mundell had taken basic steps for security.

John C. Villines, a security and crime prevention consultant, testified in a video deposition.

"Champs essentially had no security measures in place," Villines said. "They had no written security plan. They had a history of violence and events inside and outside the bar, yet they failed to adequately address these."

Bar employees testified that there were no bouncers and no security plan, and Lafayette police officers testified that they frequently are called there because of fights and rowdy behavior.

Lafayette police records presented in court indicated officers had been called to the bar 155 times between April 2012 and February 2013, and three officers — Sgt. Adam Mellady, Patrolmen Jeff Webb and Charlie Williams — testified that the bar had a reputation for fights and illegal activities.

In the wee hours of Dec. 28, 2012, Widner and some friends stopped into Champs for drinks, according to court documents with Dimmitt's criminal charges.

Dimmitt — who has a long beard, a shaved head and tattoos on his scalp — approached Widner and his friends inside the bar and said he didn't like the way one of Widner's friends was looking at him. Dimmitt told Widner's group he was in a gang and had just gotten out of prison for robbery and weapons charges, according to court documents for Dimmitt's criminal trial.

Widner and his friends decided to leave, but Dimmitt and some of his associates followed them outside, where Dimmitt attacked Widner and two of his friends who tried to defend Widner.

Dimmitt was seen kicking Widner in the head after he was unconscious, according to the probable cause affidavit in Dimmitt's criminal case.

A few minutes after the fight, police arrived as Dimmitt was leading bar patrons outside proclaiming, "I ... knocked him out cold!"

The Journal & Courier attempted to contact Thomas Rosta, Mundell's attorney, but he did not return the calls.

Stapleton said Mundell is appealing the jury's decision and the $7 million judgment.

"We don't anticipate that there are sufficient grounds for a successful appeal," Stapleton said, noting that they unsuccessfully attempted to settle the case before it went to trial.

J&C breaking news reporter Ron Wilkins can be reached at 765-420-5231; follow on Twitter @RonWilkins2


Via: http://www.jconline.com/story/news/local/2016/08/22/jurors-award-victim-7-million/88533374/

Tuesday, August 30, 2016

Station Night Club Fire Lawsuit Settled for $176 Million

West Warwick, RI:  
A settlement of $176 million has been approved by a federal judge, ending a lengthy lawsuit stemming from the infamous nightclub fire in Rhode Island in 2003. The Station Night Club fire killed 100 people.

The settlement monies will be distributed among survivors of the fire who were severely injured, and the many children who lost their parents in the fire. A trust fund will be set up to hold funds for more than 300 people affected by the fire.

The settlement was reached prior to going to trial. The defendants in the case include the club's owners, foam manufacturers, Anheuser-Busch, Clear Channel Broadcasting and the town of West Warwick.

Criminal charges were brought in 2006 against the club owners and the tour manager for Great White, the band playing at the time of the fire. They all pleaded no contest to 100 counts of involuntary manslaughter, and have subsequently served their prison sentences.





The Station Nightclub Blaze: Companies, owner settle fire lawsuits 

 Updated Sep 9, 2008 at 9:07 AM - Providence, R.I.

The final defendants to settle lawsuits over a 2003 nightclub fire that killed 100 people have agreed to pay survivors and victims’ relatives more than $250,000, according to court papers filed Monday.
Seven insurance companies and the former owner of The Station nightclub in West Warwick reached the settlement. The insurance companies will dole out $262,500, and Howard Julian, accused of installing defective insulation material at the nightclub, will contribute $3,000.
Neither the companies nor Julian admitted any wrongdoing. The companies’ lawyers either did not return phone messages or declined to comment. Julian declined to comment.
Eight of the fire victims either lived or worked in Connecticut, including Sam Miceli Jr., a 37-year-old Lisbon resident. Miceli’s mother, Madeliene, said no one had approached her with any settlement information as of Monday night — not that it mattered to her.
“It’s not going to bring my son back,” she said, “so I’m not interested in their money.”
Miceli said the worst part about the recent lawsuit announcements is how it inevitably dredges up horrible memories.
“It’s very upsetting to see the same footage played over and over again,” she said. “I won’t watch the news tonight.”
More than $176 million has been offered by dozens of people and companies sued after the Feb. 20, 2003, fire, which began when a pyrotechnics display for the 1980s rock band Great White set ablaze packaging foam used as soundproofing around the stage.
In the last week, members of the band offered $1 million to the victims’ families and survivors, and club owners Jeffrey and Michael Derderian agreed to an $813,000 settlement.
All the settlements must be approved by the more than 300 plaintiffs and the federal judge overseeing the case, among other conditions. A Duke University law professor has been appointed to develop a formula for how much money each of the plaintiffs should receive.
Several insurance companies involved in Monday’s settlement were accused in the lawsuits of failing to thoroughly inspect the club for safety hazards before issuing policies to its owners. Victims’ lawyers and prosecutors have said the club was cluttered with building and fire code violations.
The defendants include Essex Insurance Co.; Underwriter’s at Lloyd’s, London; Surplex Underwriters Inc.; V.B. Gifford & Company Inc.; Gresham & Associates of R.I. Inc; Gresham & Associates of Rhode Island Inc.; and Anchor Solutions Company Inc.
They were the last defendants to settle, excluding those already dropped from the case or expected to be dismissed by the victims’ lawyers.
A judge had earlier dismissed the companies from the case, saying the companies did not owe any burden to the club’s patrons. The victims’ lawyers appealed that decision, and the companies agreed to settle while the appeal was pending.

Tuesday, August 16, 2016

Mass. man awarded $500k in lawsuit settlement against Manchester nightclub

Via: http://www.bostonpersonalinjuryattorneyblog.com/2016/03/lawsuit-night-club-settles-massachusetts-man-gets-500000.html

March 15th, 2016

A recent news article from the Union Leader discusses a report that a man recently settled a lawsuit with a night club in the amount of $500,000.  The lawsuit was filed after plaintiff was injured in a confrontation with night club security personnel outside the Gloucester area establishment.
Via: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security

1037536_money_in_hand 
The 23-year-old plaintiff was severely injured as a result of the altercation with nightclub bouncers and had to have multiple surgical operations to treat his injuries. In his complaint, he was demanding $1 million in damages.  As part of the pretrial process, the case went before a mediator with Massachusetts Dispute Resolution Services, and this ultimately led to the settlement that both parties were willing to accept. 

The nightclub owner initially tried to defend the lawsuit by claiming that the security personnel would not have had to harm the plaintiff if he had not first attacked them.  This brings up an interesting point about a typical settlement in a personal injury case.

In most settlement agreements, each party can continue to maintain their position, and there is no reason for the defendant to admit to liability in connection with any of the allegations.  There is also typically a confidentiality agreement, so the parties cannot discuss the details of the settlement even if the amount is made public, as is sometimes the case through other judicial proceedings.
Settlement agreements will also include a provision that releases the other party from any and all liability in connection with the events that relate to the lawsuit, such as a car accident or bar fight.  It should be noted that most personal injuries cases will settle long before trial.  Many cases will settle before a lawsuit is even filed.  There is nothing wrong with this, as you can often achieve a full and appropriate financial recovery through a private settlement agreement.

However, when you speak with a Boston personal injury attorney, you want to make sure he or she is actually willing to go to trial and fight when necessary to get you the award you deserve. Many attorneys will never go to trial and will take a quick settlement even when it is not in your best interest.  The reason they are willing to do this is because they handle thousands of cases and only expect to make a little money from each case.  This is not in your best interest, and you should make sure your attorney will zealously advocate for your rights.

A full and appropriate financial recovery should include payment for pain and suffering, medical bills, future medical expenses, compensation for lost wages, and payment for special damages. There are other possible claims that can be filed such as for the intentional infliction of emotional distress (IIED), negligent infliction of emotional distress (NIED), and in some cases loss of consortium damages. However, it should be noted that these damages are not easy to get and are not available in many cases.  Since no two cases are exactly the same, as the facts are always different, you should speak with an experienced personal injury attorney about your actual situation.

MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident. - See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.jQACvoxW.dpuf

Mass. man awarded $500k in lawsuit settlement against Manchester nightclub


MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

Mass. man awarded $500k in lawsuit settlement against Manchester nightclub


MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

Mass. man awarded $500k in lawsuit settlement against Manchester nightclub


MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf
MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident. - See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf
MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident. - See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident.
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident.
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident.
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

MANCHESTER — A Massachusetts man has been awarded $500,000 in a settlement of a lawsuit filed against a Manchester nightclub where he was injured after a confrontation with security outside the club in December 2013.

Marc Shields, 23, suffered severe internal injuries that required multiple surgeries after the confrontation at Drynk at 20 Old Granite St. on Dec. 11, 2013, according to Joseph M. Orlando Sr., a Gloucester, Mass., attorney who represented Shields.

Orlando filed a civil suit seeking $1 million in damages. The case went to a mediator and was settled on Jan. 15, according to a document from Massachusetts Dispute Resolution Services signed by attorneys for both parties.

Shields, a student at Southern New Hampshire University at the time of the incident, is still recovering, Orlando said.

“He’s still looking forward to going back to school,” Orlando said. “Because of this he wasn’t able to graduate.”

Drynk is no longer in business, former owner Thomas Svoleantopoulos said Friday. Svoleantopoulos said the club was purchased in October by the group East Coast Service Industry Companies Inc., which opened a new club called Whiskey’s 20 at the same location with Svoleantopoulos serving as principal owner.

Although Svoleantopoulos disputed the claims club security “assaulted” Shields and other claims in the lawsuit, he said the settlement was handled by the former club’s insurer, Hospitality Mutual Insurance Co. of Westborough, Mass.

“These were unfortunate circumstances,” Svoleantopoulos said. “No one wants to see anybody get hurt.”

Svoleantopoulos said he was not aware of the incident until the lawsuit was filed in U.S. District Court in Boston. According to the lawsuit, Shields and a friend were asked to leave the club for unspecified reasons.

Shields and his friend obliged, but a confrontation ensued when a security member grabbed Shields around the neck and shoulder, the lawsuit states. Shields attempted to free himself, pushing the bouncer away and accidentally struck a female member of the security team, according to the lawsuit.

Svoleantopoulos disputed the claim that Shields was merely trying to defend himself.

“Had the young man not assaulted security, there would have been no need to restrain him,” Svoleantopoulos said.

Shields was taken first to Elliot Hospital after the incident, then transferred to Massachusetts General Hospital in Boston. Orlando said he had severe internal injuries and a traumatic brain injury.

“If this type of overreaction is to be avoided in the future, it was important that the club be held accountable for the conduct of his employees,” Orlando said in a statement.

No criminal charges were filed regarding the incident.
- See more at: http://www.unionleader.com/Mass.-man-awarded-$500k-in-lawsuit-settlement-against-Manchester-nightclub-where-he-was-injured-in-confrontation-with-security#sthash.nZxsepur.dpuf

Tuesday, August 2, 2016

Nightclub, beaten patron reach $5 million settlement

- Associated Press Wednesday, 
August 26, 2015 
MIAMI (AP) - Attorneys say a young man who was attacked by a bouncer at a South Beach nightclub has received a $5 million settlement.  The lawyers representing 22-year-old Youness Adlan announced the settlement Wednesday. The Miami Herald (http://goo.gl/FEJ8L6 ) reports that it is the maximum amount covered by the club’s insurance.

Adlan had been a business student at Johnson and Wales University in Rhode Island when he came to South Florida to celebrate the new year. A lawsuit claimed Adlan was outside Cameo nightclub in the early morning hours of New Year’s Day 2015 when bouncer Cody Quaife punched Adlan in the face. Adlan was in a coma for three months and remains unable to care for himself.

The club was owned by the Opium Group, but it was sold in March. A call by The Associated Press seeking comment wasn’t immediately returned.

Court records show Quaife awaits trial on a felony battery charges.

VIA: http://www.washingtontimes.com/news/2015/aug/26/nightclub-beaten-patron-reach-5-million-settlement/

Tuesday, July 19, 2016

$1.7M Settlement in Deadly Chicago Nightclub Stampede

http://www.thenationaltriallawyers.org/2014/08/deadly-stampede/

The family of a 24-year old man who was one of 21 people trampled to death in a stampede at a once-popular hip hop Chicago night club settled a wrongful death claim with Clear Channel Broadcasting and AM/FM Ohio.

At the E2 Sunday Night event, the evening’s DJ, who plaintiff’s assert was an agent of Clear Channel/WGCI, directed security to use pepper spray to stop a disturbance on the dance floor between two women at approximately 2:25 AM on February 17, 2003. He then further incited the crowd when he yelled over the PA system that it was a terrorist attack.

With more than 1,000 persons in attendance, the terrified group then rushed down a single narrow staircase in the second-story club, falling and piling on top of each other. Many of the patrons were trapped and wedged together in the staircase, including Dashand Ray who along with 20 other victims died from compressional asphyxia. 

Settlements ranged from $1.2 million to $2 million
The case is one of 21 consolidated death cases and approximately 62 injury cases where the lead counsel on behalf of all the claimants includes attorneys Melvin BrooksJames D. Montgomery, Jr. and John K. Kennedy of James D. Montgomery & Associates, Ltd. in Chicago. As a result of the litigation efforts of Brooks and his firm the most recent settlements with the Clear Channel defendants have ranged from $1.2 million to $2.0 million.

On that cold February Sunday night, the event at E2 featured a closing performance by WGCI’s popular mixologist, defendant Vaughn Woods, according to attorney Brooks. Defendants Clear Channel Broadcasting and AM/FM Ohio owned, operated and controlled radio station WGCI.
WGCI extensively promoted the E2 Sunday Ladies Night party on the air. It was designed to have E2 patrons associate the extremely popular dance club with the radio station and its disc jockeys.

The consolidated litigation was initially filed against the E2 Club owners and property owners (Lesley Motors), the City of Chicago, Envy Entertainment Company, Clear Channel Broadcasting, AM/FM Ohio and the DJ. The consolidated cases against the club and property owners settled for their insurance coverage of  $2.5 million. The City was ultimately dismissed after rulings from the Illinois Appellate Court. Envy Entertainment and its owner were judgment proof.

Clear Channel has now settled all the injury cases and all but six of the 21 wrongful death cases. Plaintiffs’ motion to consolidate several of the pending cases for trial was denied by the Cook County Circuit Court judge, who ruled that each death case must be tried separately and not consolidated for trial.

The plaintiffs charged that the DJ at the live entertainment event was an agent or employee of WGCI. Clear ChannelBroadcasting and the DJ denied any agency or employment relationship, arguing that he was an independent contractor. Clear Channel further argued that assuming Woods was its agent, his action was outside the scope of anyauthority or agency and that additionally the DJ’s speech was protected by the First Amendment.

As part of the settlement, Clear Channel will also pay $10,000 towards a memorial for the E2 victims on behalf of the Ray family.

The case is Howard Ray, Sr. and Mary Ray, as co-special administrators of the Estate of DaShand Ray v. AM/FM Ohio, Inc., Clear Channel Broadcasting Inc. and Vaughn Woods, No. 03 L 2376, Circuit Court of Cook County, IL, before Judge Elizabeth Budzinski.