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To celebrate the end of an era at work, the plaintiff and his construction co-workers planned an evening out on the town, which included a stop at a topless club. They toasted the end of the era and were having a fine time until the bouncer at the club,
a Mixed Martial Arts (MMA) fighter with a felony record, flipped out and savagely assaulted plaintiff. The issue in the case was whether his employer, who had knowledge of his past, had negligently hired and retained him and put him in a position where he would come into contact with the club’s patrons. Because the bouncer was acting within the scope and course of his employment, the employer was legally as responsible for plaintiff’s injuries as the bouncer. The employer paid the settlement. The bouncer went to prison on an outstanding felony warrant.
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Plaintiff was a guest in a hotel when she was attacked and assaulted in her hotel room by the desk clerk, who had retrieved a key to her room from behind the front desk. The assault caused physical and emotional injuries, for which plaintiff sought
recovery. The failure of the hotel to adequately screen the people they put in charge was negligent. We established that the hotel knew or should have known the clerk posed a danger to guests, and it was held to account.
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Road rage happens more than we’d like to believe. Plaintiff was working his farm, walking along the country road that abutted it, when defendant sped by. Plaintiff motioned the defendant to slow down. Defendant saw plaintiff motion him to slow down,
turned around and drove back to plaintiff, got out of his car and violently beat plaintiff, causing plaintiff severe injuries. Through discovery it was learned that the defendant had a mental disease for which he was supposed to take medication. We alleged his failure to take his medication was negligent because he knew or should have known that if he didn’t take his medication, he would be unable to control his rage. We framed the case in terms of negligence to get insurance coverage. Before trial, the case settled for the maximum amount under the policy.
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