Thứ Ba, 20 tháng 10, 2009

11th Circuit Tip To Aspiring Litigants -- Don't Get Assaulted At A Strip Club


There are few certainties in life, but one universal rule seems constant -- if you refuse to leave a strip club at closing time, you will in fact get the s$#t beat out of you.

The 11th Circuit upholds the validity of this maxim in an unpublished opinion affirming Judge Marra's summary judgment in a case involving the company Seductions LLC, which appears to be doing business as Hotties Gentlemen Club/Goldfellas:
Mauricio Arana was injured in 2006 when Seductions employees allegedly beat and threw him out of the company’s nightclub after he refused to leave at closing time. The Aranas subsequently sued Seductions in state court to recover damages for Mauricio’s injuries, medical expenses alleged to exceed $1 million, and loss of consortium. The Aranas’ complaint alleged that Seductions had negligently hired, retained, trained, and supervised the employees responsible for the attack.
The coverage issue centered on whether the claim sounded in negligence or arose out of an assault and battery, which was limited to $25,000 under the terms of the policy.

Guess which way the 11th came down?

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