December 12, 2024
ShareKelley Kronenberg Secures Summary Judgment in Bar Altercation Case
Kelley Kronenberg Partner/Business Unit Leader Aaron Neifeld and Attorney Ryleigh Walaconis successfully secured summary judgment in Lee County Circuit Court, defending a bar and restaurant in a case with estimated exposure exceeding $700,000.00.
The plaintiff filed suit against our client following an altercation with another patron in the establishment’s parking lot. The incident, which was captured on video, occurred after the plaintiff engaged in confrontational behavior inside the premises. The plaintiff alleged a traumatic brain injury and shoulder damage, pursuing claims of negligent security and vicarious liability.
Aaron and Ryleigh demonstrated that the incident resulted from the plaintiff’s own actions after refusing to leave the premises when instructed by staff. Through strategic motion practice, they established that no duty existed to prevent a trespasser from willingly engaging in a fight. The defense successfully argued that even if a heightened duty had existed, the targeted nature of the incident, which stemmed directly from the plaintiff’s conduct, could not have been reasonably foreseen or prevented.
Judge James Shenko of the Twentieth Judicial Circuit found no genuine dispute of material fact existed. The Court held that without evidence of prior similar incidents or known dangerous conditions, the defendant could not have foreseen or prevented the altercation. Summary judgment was granted, resulting in a complete dismissal with prejudice.
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