Gray·Duffy Obtains Dismissal for Nightclub in Negligence/Intentional Tort Action

February 2011

Overview

Kevin M. Cruz of Gray·Duffy’s Encino office successfully defended a nightclub client in an action brought by a patron of the club who alleged he was threatened and assaulted by the nightclub’s security guards.  The plaintiff ultimately agreed to dismiss his case despite no settlement being offered.

Discussion

Keith Woods v. The Whale’s Tail

The plaintiff, Keith Woods, alleged that he entered The Whale’s Tail in Oxnard, California and that he and his friends were bullied, forced out of the establishment and threatened by the on-duty security guards. According to the plaintiff, the employees at The Whale’s Tail willfully engaged in physical threats, false imprisonment, intimidation, assault and battery, terrorist threats, murder threats and bodily injury as well as emotional distress.  Based upon the allegations, Mr. Woods filed his complaint against the insured asserting causes of action for intentional tort, general negligence and premises liability.

Mr. Cruz met with the client and determined that the plaintiff would not likely be able to establish liability.  Through aggressive negotiations, Mr. Cruz secured a dismissal of the action without payment of any settlement dollars.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.