A Florida jury has awarded $248,500 to a plaintiff who alleged that he had been injured when bouncers ejected him from a bar.
Facts and Allegations
Michael Pena alleged that when bouncers ejected him from the Blue Martini Lounge in Tampa, Florida, they injured his leg.
Mr. Pena sued the lounge's operator, Blue Martini Tampa Inc. He contended that the bouncers were negligent and that the bar was liable for their actions under the theory of respondeat superior.
The defense maintained that the bouncers' actions were justified. The defense argued that Mr. Pena was drunk and belligerent and that the bouncers peacefully escorted him out of the bar, only to see him become more aggressive. The defense argued that the bouncers then pushed Mr. Pena back lightly and that he tripped over his own long pants and fell to the ground.
The defense claimed that Mr. Pena's inebriated state also contributed to the fall.
Mr. Pena, however, denied that he had been drunk at the time of the incident.
Result
The jury found that there was negligence by Blue Martini Tampa by and through its employees and that this negligence was a legal cause of injury to Mr. Pena. The jury awarded Mr. Pena $248,500.
The case is Pena v. Blue Martini Tampa, Inc., No. 17-CA-007208 (Fla. Cir. Ct. Hillsborough Co., Sept. 12, 2019). Attorneys involved include: Keith Chasin; The Law Offices of Keith Chasin; for Michael J. Pena; John A. Rine; Lewis Brisbois Bisgaard & Smith LLP; Tampa, FL for Blue Martini Tampa Inc.; Jeanette O. Cardenas; Lewis Brisbois Bisgaard & Smith LLP; Tampa, FL for Blue Martini Tampa Inc.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's and defense counsel. Additional information was gleaned from court documents.
Additional information was gleaned from court documents and village council court minutes.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].