O’Carroll v. Double H Pub
In O’Carroll v. Double H Pub, plaintiff sutained severe facial injuries after being assaulted outside of Double H Pub by co-defendant Bornemann. Plaintiff alleged that Double H Pub owed him a duty to protect him from Bornemann and that the pub also violated New York’s Dram Shop Act by seving the assailant when he was visibly intoxicated.
At the close of discovery, Colleen McClafferty moved for summary judgment on the basis that there was no proof that the assailant was ever served any alcohol by our client and the fight took place outside of the bar and there was no reason to anticipate any problems as plaintiff was not in the bar that night. The Court agreed and granted our motion.