Defense Verdict - Negligent Security - Sarasota County

Tampa Partners Dan Shapiro and Aaryn Ledoux recently obtained a defense verdict in a two-day negligent security trial in Sarasota County.

Plaintiff claimed he was attending a music event at our insured bar when he was approached by a bar security employee due to his failure to comply with the bar’s dress code (i.e. a gold chain around his neck). Plaintiff claimed that he had complied with the dress code and was attempting to leave when the insured’s employee allegedly laid hands on Plaintiff and directed a derogatory slur towards Plaintiff. In response, Plaintiff admittedly punched the employee in the face.

Following the altercation, Plaintiff was removed from the bar and taken to the ground. Plaintiff alleges that the insured employees repeatedly punched and kicked him, causing him to sustain a tear to his small intestine. Plaintiff waited three days before presenting to the ER, where emergency surgery was ultimately performed. The surgery left Plaintiff with a 20-inch scar that ran from just below his belly button to his sternum. Plaintiff’s surgeon testified that had Plaintiff waited any longer, he would have died, and directly related the incident to his injuries. As a result of this injury and surgery, Plaintiff claimed to have uncontrollable bowel movements to this day, as well as ongoing pain.

At trial, there were a lot of inconsistencies in the evidence. Plaintiff argued that video surveillance of the incident clearly depicted him removing his gold chain and placing it in his pocket. Plaintiff argued that the video clearly showed him turning around to leave when the insured employee placed his hand on Plaintiff, and that he only struck the employee as a reaction to this. The video was played multiple times throughout trial where Dan and Aaryn showed the jury the video actually did not show Plaintiff complying with the dress code, and did not show the insured employee laying a hand on Plaintiff. Instead, it showed Plaintiff striking the employee, unprovoked. Testimony and facts also came out that Plaintiff was intoxicated when this happened, and Dan’s cross of Plaintiff was effective in showing Plaintiff’s temperament.

As to the digestive issues, Dan and Aaryn highlighted the fact that Plaintiff had essentially no ongoing treatment since he was discharged, and elicited testimony from Plaintiff’s treating surgeon that no complications with digestion would be expected. In closing, Plaintiff acknowledged that a portion of fault should be imputed on him (20%) and asked the jury to award approximately $400,000. The jury relied on the most important piece of evidence, the video, and returned a complete defense verdict.

The carrier and insured are thrilled!