Hartery v. Mulcahy’s of Wantaugh et. al.
In Hartery, the plaintiff and his wife went to our client’s bar, Mulcahy’s of Wantaugh to celebrate his birthday. While there he alleged he got into a sudden altercation with a drunken patron and was struck in the face with a bottle sustaining fractures and requiring surgery. Although the plaintiff did not know who hit him, a friend told him she saw a bouncer hit him in the face during the fight.
At the close of discovery, Eric Cooper moved for summary judgment arguing that Mulcahy’s was not negligent in its security since it was unaware of the need to protect the plaintiff until the fight occurred and responded immediately to put a stop to it. The management of Mulcahy’s also did not authorize or participate in the alleged assault so there was no basis for punitive damages. Finally, despite testimony from a witness claiming a bouncer was involved in the fight, the evidence was insufficient since the witnesses could not identify the bouncer or describe his clothing to supply sufficient proof that the individual worked for the bar. The Court agreed and dismissed the action against Mulcahy’s.