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Premises Liability

Premises Liability / February 11, 2011

Court/Case No: Macomb County Circuit Court/Case No. 10-953-NO

Tried/Argued Before: Judge

Demand: Over $25,000.00

Verdict: Summary Disposition

Name of Judge(s): Hon. Ed Servitto

Keys to the Case:

Plaintiff filed this lawsuit after he was shot in the leg by a third-party, while he was attending his sister’s graduation party at Defendant’s facility.  Plaintiff alleged he complained to a manager at Van Dyke Sport Center that a group of patrons had stolen his glasses earlier in the evening. When confronted, the groups began to argue over the accusation. Van Dyke Sport Center bouncers decided that the groups needed to be separated and escorted from the building, in accordance with Van Dyke Sport Center’s internal policy. As bouncers escorted the group accused of stealing Plaintiff’s glasses from the building, a gun was pulled and Plaintiff was shot. Counsel successfully argued, on a Motion for Summary Disposition, that the shooting was a random and unforeseeable criminal act of a third party that occurred without warning. The shooting could not have been anticipated by anyone, including Van Dyke Sport Center’s bouncers. Ultimately, the Court was persuaded that Defendant’s bouncers acted reasonably in responding to the situation, and therefore, Defendant did not violate any of its legal duties toward Plaintiff.


Defense SW attorney(s) Involved in Case:


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