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Yearwood v. Club Miami Inc.

The plaintiff, who was shot in the defendant's club, failed to present any evidence that the defendant's voluntary security measures were insufficient or made the security situation worse in order to establish negligence.

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Murjani Yearwood sued Club Miami, Inc. and a John Doe defendant for the pain and suffering he sustained when he was shot at the club. After a jury awarded Yearwood $500,000, the trial court granted Club Miami’s motion for directed verdict. Yearwood appeals, arguing that whether the security measures Club Miami implemented were performed in a non-negligent manner was a question for the jury to decide. But Yearwood presented absolutely no evidence that the security measures were performed negligently. We therefore affirm the judgment in Club Miami’s favor. Yearwood was a patron of Club Miami, a nightclub, when a fight broke out on the dance floor. An unidentified person fired a gun, and Yearwood was hit in the abdomen. The parties agree that Club Miami had implemented a two-step security procedure, involving four to eight security guards and uniformed law enforcement officers. Before any patron was allowed to enter the club, the patron would be patted down and then “wanded,” or scanned with a metal-detecting wand. There were additional security personnel inside the club.

At the close of the evidence, Club Miami moved for a directed verdict. The trial court reserved ruling on the motion and submitted the case to the jury, which returned a $500,000 verdict in favor of Yearwood, allocating responsibility equally between Club Miami and the John Doe shooter. The trial court then granted Club Miami’s motion for directed verdict, and Yearwood filed this appeal.

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