David Antal of Preg O’Donnell & Gillett obtained a directed verdict for the client, a restaurant and bar in Fife. The case was tried in April in Pierce County. The plaintiff claimed that management had over-served another customer who later assaulted her. Via an earlier filed summary judgment, the liquor liability claim was dismissed and the case proceeded to trial on a negligent supervision theory. The plaintiff had no evidence that the assailant had a history of assaultive conduct that was known to the defendant. Nor could she show that the client’s establishment was prone to assaultive behavior. Under cross examination, the plaintiff repeatedly contradicted her direct testimony and ultimately admitted that her then boyfriend initiated the confrontation with the customer who then assaulted her when she attempted to stop the assailant as he was leaving the client’s premises. The trial judge dismissed the case and directed a verdict in favor of the defendant at the close of plaintiff’s case.
May 7th, 2010|News|