Bystander Partly to Blame for Bar Fight Injury
A jury decides a bystander was liable when his arm was cut by a broken champagne glass.
April 23, 2018 at 11:47 AM
2 minute read
PREMISES LIABILITY
PALM BEACH CIRCUIT COURT
A bar fight which injured a bystander resulted in a jury apportioning blame to both the bystander and the bar.
In August 2015, Daniel Pollitt, 30, was at The Wine Dive Bar and Restaurant in West Palm Beach. When a fight broke out, he extended his right arm to keep the fighters away. His arm was cut by a broken champagne glass held by one of the fighters. He required sutures and removal of glass fragments, and he claimed scarring. Pollitt alleged the bar lacked security. The bar argued it had three guards on duty, and Pollitt was negligent for getting involved in the fight.
The jury found Pollitt and bar were each 50 percent liable. It awarded Pollitt $20,359 for medical expenses, which was halved to reflect his comparative negligence.
Case: Pollitt v. Wine Dive
Case No.: 50-2016-CA-004613-XXXX-MB
Plaintiffs attorneys: Luis A. Sosa and Steven C. Simon, Rosenthal, Levy, Simon & Ryles, West Palm Beach
Defense attorney: Ryan V. Kadyszewski, Ryan V. Kadyszewski P.A., Palm Beach Gardens
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