Three Guys Walk Into a Bar….Florida Supreme Court Upholds Verdict Against Drunk Defendant for not Preventing his Drunk Friend from Striking the Plaintiff in the Head with his Tomahawk

Three guys walk into a bar. The decision did not indicate the race or religion of either of the three men, but its clear none of them was the Pope or a Rabbi. These individuals, Dorsey, Reider and Noordhoek got drunk leading to Dorsey telling Reider he was “acting like an ass***”. After Dorsey left the bar, Reider and Noordhoek pursued and trapped him between Reider’s truck and an adjacent vehicle. While Dorsey was attempting to get by Reider who held him back, Noordhoek retrieved a tomahawk from Reider’s truck and hit Dorsey in the head with it causing injury. Reider and Noordjoek fled the scene. A jury awarded Dorsey nearly $1 million against Reider, but it was reversed when the appeals court found that Reider owed no duty to Dorsey to prevent the independent act by Noordhoek. The Supreme Court of Florida reversed, and reinstated the jury verdict. In…Read More

G&S Obtains Dismissal of Claim Against YMCA in Locker Room Slip and Fall Case

The Appellate Division, First Department affirmed the Order of the Supreme Court, Bronx County which granted summary judgment to the YMCA in a locker room slip and fall accident. The female plaintiff, who had been in the women’s locker room, with her daughter, for fifteen minutes, without noticing any water on the locker room floor, allegedly slipped and fell on a puddle of water in close proximity to the bench where she had changed into her bathing suit prior to an aqua aerobics class in the YMCA’s indoor pool. Although the YMCA’s female porter, who was responsible for maintaining and inspecting the locker room, was absent from work that day, the YMCA’s male porter ensured that the female staff members continuously checked the locker room floor for water during her absence. The Appellate Division held that the YMCA met its burden of demonstrating lack of notice of the alleged wet…Read More