Facts

Three to five unknown patrons attacked plaintiff Jason Peltier at the Savanna Grill and Lounge.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the attacking patrons had been ejected earlier in the night by the owner for fighting and had returned seeking revenge. The staff did not act reasonably in ejecting the patrons and in breaking up the fight. Plaintiff claimed that Savanna Grill and Lounge operated as a nightclub on certain nights and had prior similar fights. Thus, he contended it had a duty to have security to prevent the attack.

DEFENDANT'S CONTENTIONS:
Savanna Grill and Lounge claimed that it was merely a restaurant, it had no prior similar acts triggering a duty to have security, and that plaintiff was intoxicated and potentially the aggressor. Savanna Grill claimed that its staff acted reasonably in trying to intervene and calling the police.

Specials in Evidence

$283,000 $240,000 $100,000

Injuries

Plaintiff suffered concussion, shoulder surgeries, knee surgeries, and post-traumatic stress disorder.

Result

The case settled for $650,000 before trial.

Other Information

FILING DATE: Feb. 25, 2011.