Woman’s leg broken in bar bouncer’s struggle with drunk — $250,000 verdict
Portsmouth VA April 24 2020
A 35-year-old female was standing near the bar at the pub at approximately 1 a.m. Sunday morning. Another customer was drunk and was seen making unwanted advances to female patrons; therefore, the bartender asked him to leave. The drunk customer refused to leave and the bouncer was notified. The bouncer walked the drunk customer to the bar to pay his tab. The drunk customer was then asked again to leave; he did not. The bouncer put his hand on the drunk customer’s shoulder and said, “You have to go.” The drunk “swiped” away the bouncer’s hand, put his hands up in a “get off me” sort of move and verbally insulted the bouncer. The bouncer then “wrapped” the drunk up in a bear hug; a struggle ensued, and the pair fell on plaintiff, breaking her leg.
There was a police officer on duty right outside the bar. He was on the way in to deal with the situation when the fight started. The vest cam of that officer showed the bouncer with the drunk customer in a head lock and struggling as he ran in. At the bouncer’s deposition, he denied ever grabbing the drunk customer or putting him in a headlock. He was then shown footage from the officer’s vest camera and “remembered” that he had. Footage from various other officer vest cameras proved invaluable, as it showed plaintiff in agony on the floor for 25 minutes. Plaintiff’s counsel argued that it was the bar’s policy to “wrap up” unruly patrons and carry them outside instead of calling the nearby police because, according to the bar’s owner, he did not want to have his regular customers arrested.
Plaintiff’s counsel argued that the bar policy caused the bouncer to turn a non-violent, non-threatening situation into a violent confrontation, and that the policy was motivated by a desire to retain regular customers and protect income. Plaintiff’s counsel also argued that the person hired to do the job, who was only 23 years old at the time, was too young and inexperienced to do the job. The bouncer had admitted that he shadowed the experienced bouncer for approximately six weekends but had only learned how to check IDs at the door and spot fake ones. The bar owner stated that his only policy in dealing with drunk and/or unruly patrons was to ask them to leave, and if they didn’t, to “wrap them up and carry them out.” The bouncer denied he knew of this policy.
Type of action: Personal injury liability of bouncer/bar
Injuries alleged: Spiral fracture of the tibia of right leg, requiring permanent metal rod and screws (intramedullary nail). Occasional leg soreness, difficulty running, cannot wear high heel shoes. Will require future minor surgery.
Name of case: Michaela Barker v. R.H. Unlimited d/b/a Baron’s Pub
Court: Portsmouth City Circuit Court
Case no.: CL18001240
Name of judge: Judge Joel D. Crowe
Date resolved: March 12, 2020
Special damages: Past medical bills, $45,786.55. Future surgery $10,500. Plaintiff worked from home and had no lost wages.
Demand: $300,000
Offer: $90,000
Verdict or settlement: Verdict
Amount: $250,000
Attorneys for plaintiff: Mark A. Stallings, Larry W. Lockwood Jr., Hampton
Attorneys for defendant: James A. Cales III, Norfolk
