Chomiak v. Hopkins Rest. Corp., NNHCV116016899S, 2013 WL 1943850 (Conn. Super. Ct. Apr. 23, 2013)
In a recent Connecticut Superior Court case plaintiff, Stanislaw Chomiak, was able to recover monetary damages from Hopkins Restaurant Corporation which operated Alchemy Night Club, a night club on Crown Street in New Haven, for personal injuries he received when he was assaulted by employees of the night club.
The plaintiff alleged in his complaint that his injuries were caused by the negligence of the defendant to properly hire, train and/or supervise its employees, to allow the employees to assault the customers, failing to provide adequate security and to maintain the premises in a safe condition for the customers.
The Court found that on New Year’s Eve 2008, plaintiff Chomiak and his friends went to the Alchemy Night Club in New Haven. They each paid $25.00 to receive a VIP wristband entitling them to open bar, food, and to stay at the upstairs portion of the night club until 5:00 a.m. Shortly before 2:00 a.m. the plaintiff was stopped by security personnel as he went upstairs and told to leave. The security personnel took his VIP bracelet and he was escorted out the side door.
Chomiak remained outside in the cold for about one-half hour. He then walked around the corner of the building to the front door and asked the woman at the front desk if he could inform his friends where he was. She notified security. One of the guards arrived and threw the plaintiff against the wall and lifted Chomiack off the ground and tossed him onto the sidewalk.
In the fall the he struck his head, elbow and fingers and was bleeding badly. After calling 911, a police officer arrived who called an ambulance to take him to Yale New Haven Hospital where he was treated for about 4 hours in the emergency room and discharged.
Chomiak received cuts to his face requiring stitches and was treated by a chiropractor for low back pain. In total Chomiak incurred total medical expenses of $5,323.66. In the subsequent trial the jury determined from the medical testimony admitted at the trial that the plaintiff had received 5% permanent damage to his lumbar spine as a result of the assault by the night club staff.
The Court entered a judgment of $16,000 against the defendant, determining that Chomiak’s injuries where the result of the assault of the night club staff. The Court found the security guard was an employee of the defendant who had ejected Chomiak in the course of his employment and the night club had failed to keep the premises safe to prevent its customers from being assaulted.
At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury. Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to an assault or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com
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 Chomiak v. Hopkins Rest. Corp., NNHCV116016899S, 2013 WL 1943850 (Conn. Super. Ct. Apr. 23, 2013)