CIVIL ASSAULT. $______ VERDICT

• Pages: 11-12

awarding the minor plaintiff the sum of $250,000. To-

gether with interest and court costs, the plaintiff re-

ceived $284,125.

REFERENCE

Eveillard vs. The Coconut Grove Childhood Education

Center LLC. Index no. 513940/2017; Judge Richard J.

Montelione, 02-28-20.

Attorney for plaintiff: Scott L. Steinberg of Lasky and

Steinberg, P.C. of counsel to Stephen Bilkis and

Associates in Garden City, NY.

CIVIL ASSAULT

$401,150 VERDICT

Civil assault and battery – Plaintiff contends

known patron of defendant bar assaulted plaintiff

in plain view of defendant’s employees and

defendantfailedtostopattackandfailedtoassist

plaintiff in calling police – Possible concussion, 2

disc bulges in cervical spine, pinched nerve and

temporary blurry vision – Chronic neck pain,

headaches, jaw pain and ongoing TMJ – Anxiety

and depression – Psychotherapy.

Kings County, NY

The plaintiff in this case brought suit against the

defendant bar for gross negligence and reckless

conduct during the operation and supervision of a

nightclub while the plaintiff was a patron

resulting in the plaintiff sustaining both physical

and psychological injuries. The defendant initially

did not respond to the plaintiff’s Complaint but,

following default notice, filed a motion to vacate

default and mount a defense. The defendant

intended to argue that the patron who allegedly

assaulted the plaintiff was unknown to the

defendant or its employees and had not been a

patron at the defendant bar/lounge prior to the

night in question.

On June 4, 2016, the plaintiff was a lawful patron at

the defendant bar/lounge celebrating a relative’s

birthday. At about 2:30 a.m. on the evening in ques-

tion, the plaintiff wanted to leave Milk River with her

cousin, who was not feeling well. The plaintiff ap-

proached the bar to ask for a plastic bag for her

cousin for the ride home. The plaintiff contended

that, while the waitress was retrieving a bag for the

plaintiff, an unknown patron started to sexually assault

her by inappropriately touching and rubbing her

backside. The plaintiff repeatedly asked the patron to

stop, but he continued to physically and sexually as-

sault her, stating that he would keep touching her as

much as he wanted to and that he would violate her

again.

The bartender and a waitress at Milk River saw that

the patron was sexually assaulting the plaintiff, and

heard the plaintiff’s pleas to stop. However, neither of

them intervened to stop the assault. The plaintiff testi-

fied that the patron put his face close to her as if he

was going to kiss her, but the plaintiff managed to

push him away, He then grabbed the plaintiff’s neck

and repeatedly hit her in the face and pulled out her

earring. The defendant’s bartender and waitress wit-

nessed the patron hitting the plaintiff and pulling out

her earring, but did not do anything to stop him from

attacking her.

The physical attack by the defendant’s patron lasted

for several minutes. Even when a security guard finally

intervened, the patron continued to attack the plain-

tiff for several minutes. The plaintiff pleaded for the

defendant’s employees to secure the patron and call

thepolicebecausetheplaintiffwantedtopress

charges for sexual assault and assault. Instead, the

defendant’s staff member took the assaulter across

the dance floor and let him leave the defendant’s

premises. The defendant’s employee continued to ig-

nore repeated requests to call the police, and stated

that his only job was to kick people out of the club.

The plaintiff contended that another of the defen-

dant’s security guards came over and pulled the

plaintiff to the back of the defendant’s premises

against her will and would not let her leave. When the

plaintiff asked the defendant’s employee to call the

police, he refused. The defendant’s employees

stated that if the plaintiff wanted the police to be

calledshewouldhavetodoitherself.At3:01a.m.

on June 5, 2016, the plaintiff called the police and

filed a police report. The defendant’s employees

stated that they did not know the name of my assail-

ant, even though the plaintiff believed he was a reg-

ular customer at the defendant bar.

The plaintiff claimed intentional infliction of emotional

harm as well as physical injuries. The plaintiff sus-

tained injuries to her head, neck, and shoulders and

sought immediate medical attention for her injuries.

The plaintiff returned to the hospital a second time, a

few days after the subject incident whereupon she

underwent a CAT scan and was diagnosed with possi-

ble concussion, 2 disc bulges in the cervical spine, a

pinched nerve and temporary blurry vision. The plain-

tiff treated conservatively and with physical therapy.

She was diagnosed during physical therapy with TMJ.

The plaintiff claimed that she continues to have pain

and is required to see a neurologist every 3 to 6

months. The plaintiff claimed chronic pain in her

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