Dram Shop/Premises Security – Defense Verdict – Camden County, New Jersey

Berkeley Heights Partner Emery Mishky, and Associate Victoria Adornetto, successfully defended a tavern against allegations by a responding police officer. The plaintiff claimed that during the struggle that ensued during the arrest of a grossly intoxicated patron, who had been served alcoholic beverages by the tavern (and claimed to have ingested crystal meth in the tavern’s bathroom that had been purchased from another tavern patron), he was repeatedly kicked in the head and chest. He unsuccessfully attempted to return to work the following day, and for the approximately five years prior to the verdict he had not worked. His physicians opined that the 32 year old at the time of the incident was completely and permanently disabled from work as a result of the incident. His economic expert placed over $1.3 million in past and future lost wages before the jury, not including any award for medical expenses, and/or pain and suffering. After deliberating approximately 4½ hours over two days the jury returned a verdict in favor of the defense – resulting in a “no cause” verdict.