Kuhn Case

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  • Topic: Law, Tort, Jury
  • Pages : 3 (905 words )
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  • Published : October 5, 2011
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Case CitationKuehn v. Pub Zone, Maria Karkoulas, et al, 835 A.2d. 692, Superior Court of N.J. Appellate Division, 2003 PartiesKarl Kuehn/Plaintiff/ Appellant. Pub Zone/Defendant/Appellee Original Legal Action PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron. FactsRhino and Backdraft were 2 members of the motorcycle gang by the name of the “Pagans”. They were wearing their “colors” identifying them as members of the Pagans when they pushed their way past the bouncer, along with their other gang associates, into a bar called the Pub Zone. They entered despite the posted sign which clearly prohibited motorcycle gangs from entering the bar while wearing their “colors”. The sign was posted because the owner, Maria Karkoulas, was experienced and believed that gangs without their colors were less prone to violence. Karkoulas allowed Rhino and Backdraft to stay for 1 drink. Rhino and Backdraft followed Kuehn into the restroom and without provocation, savagely beat him causing brain hemorrhaging, numerous facial bone fractures as well as other serious injuries. Results in Original courtThe jury in the trial court awarded PL $300,000 in damages. D’s made a motion for a JNOV (judgment notwithstanding the verdict). The motion was granted by the trial judge who based his decision to overrule the jury saying that Karkoulas could not have foreseen the attack and there was no duty to protect Kuehn from the attack. Legal Issues - Must phrase as question(s)1. Did Pub Zone have a duty to protect Kuehn from the attack? 2. Was it reasonably foreseeable that an attack would occur? 3. Was Pub Zone negligent in allowing Backdraft and Rhino into Pub Zone? Holding - Answer to question(s)1. Yes, a duty was owed to reasonably protect Kuehn. 2. Yes, it was reasonably foreseeable that an attack would occur 3. Yes,...
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