New England Verdicts

Amount:

$4,494,666

Type:

Verdict-Plaintiff

State:

Massachusetts

Venue:

Suffolk County

Court:

Suffolk County, United States District Court, Boston

Injury Type(s):

Case Type:

Premises Liability –

Case Name:

Robert A. Chiulli, Jr. v. Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza

Date:

November 19, 2012

Plaintiff(s):

Robert A. Chiulli, Jr. (Male)

Plaintiff Attorney(s):

Paul K. Baker;
;
Boston,
MA,
for
Robert A. Chiulli, Jr. ■ Andrew M. Abraham;
;
Boston,
MA,
for
Robert A. Chiulli, Jr.

Defendant(s):

Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza

Defense Attorney(s):

Pro Se;
;
for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza ■ Lawrence G. Cetrulo;
;
Boston,
MA,
for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza ■ Charles Hambelton;
;
Woburn,
MA,
for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza ■ Sharmili P. Das;
;
Woburn,
MA,
for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza

Defendent Expert(s):

Bruce Price Neurology;
Belmont,
MA for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza ■ Nancy Hebben Neuropsychology;
Newton,
MA for
Newbury Fine Dining, Inc. d/b/a Sonsie, The Lyons Group, Ltd., Garrett Burgess aka Garrett Rease, Jeffrey Reiman and Victor Torza

Claims alleging negligent training of restaurant/bar employees were tried in front of a U.S. District Court jury in Boston. The plaintiff, who sustained a traumatic brain injury, alleged the restaurant and a risk management company failed to properly train employees regarding security measures necessary to prevent a fight. The defendants contended that employees had properly monitored the situation and the fight was not reasonably foreseeable. The jury awarded $4,494,666 in damages to the plaintiff. They apportioned 45% fault each to the restaurant and the risk management company; 5% fault to the individual who punched plaintiff; and 5% fault to the plaintiff. On June 20, 2008, Plaintiff Robert A. Chiulli, Jr. was involved in a fight outside of Sonsie, a restaurant owned by Defendant Newbury Fine Dining, Inc. The fight occurred three doors down from Sonsie on Newbury Street. Plaintiff was punched in the face by Defendant Garrett Burgess a/k/a Garrett Rease. As a result of the incident, plaintiff struck his head and sustained a traumatic brain injury. The incident occurred after plaintiff’s group of friends and Rease’s group of friends had engaged in verbal altercations inside the restaurant at the bar. Plaintiff pursued this action against Newbury Fine Dining, Inc. d/b/a Sonsie; Defendant The Lyons Group, Ltd., which was the corporation that managed and provided risk management services to the restaurant; and Rease and two of his friends, Defendants Jeffrey Reiman and Victor Torza. Plaintiff alleged that Reiman had a disagreement with plaintiff’s group over seating at the bar and a heated verbal exchange occurred in which threats were made. Plaintiff maintained that Reiman called his two friends, Rease and Torza, to join him at the bar to start a fight. Plaintiff asserted that an attack on plaintiff was planned at Sonsie, with constructive or actual notice to the restaurant’s employees. Plaintiff argued that the employees were not properly trained on security, as required by the city of Boston and the state ABCC regulations. Plaintiff maintained that applicable security regulations and a reasonable standard of care required employees to ensure that Reiman, Torza and Rease were removed from the premises and out of the area prior to plaintiff’s group leaving the premises. Plaintiff also asserted that the restaurant’s employees did not take appropriate action to prevent Torza and Rease from joining in the altercation at the bar, or from joining in the altercation outside the premises. Plaintiff alleged that Reiman planned to start the physical fight and Torza and Rease were co-conspirators in carrying out the plan. As a direct result of the incident, plaintiff asserted that he sustained a severe traumatic brain injury, which left him with permanent cognitive and neurological deficits. Plaintiff claimed permanent disability from employment and a seizure disorder which prevented him from driving a motor vehicle. Defendants Newbury Fine Dining, Inc. and The Lyons Group, Ltd. contended that the staff was trained appropriately and properly monitored the situation. Defendants maintained that the employees took appropriate and reasonable measures to de-escalate and monitor the situation and asserted that no physical altercation occurred within the Sonsie premises. Defendants argued that the staff had no notice that a physical fight would happen down the street from the premises and the fight was not reasonably foreseeable. Defendants also asserted that the restaurant manager called 911 when the situation escalated outside. Defendants further argued that plaintiff had first thrown an unprovoked punch at Torza, to which Rease responded. As to plaintiff’s injuries, defendants maintained that plaintiff had made a good recovery. Defendants also disputed that plaintiff suffered from a seizure disorder and asserted that plaintiff should be able to return to work.Plaintiff was a 43-year-old male who owned a business.

Severe traumatic brain injury, with residual cognitive and neurological deficits. Plaintiff was transported to the hospital, where he was diagnosed with bilateral temporal bone fractures, with circumferential extension to the occipital bone, left subarachnoid blood and a left hematoma. He underwent a hemicraniectomy and ICP bolt insertion. From 6/20/2008 until 9/16/2008, plaintiff remained unconscious. Due to fluid on his brain, plaintiff received a ventriculoperitoneal shunt. Subsequently, he made a significant recovery. Plaintiff is able to walk with weakness on his right side and perform daily living activities. He claimed permanent cognitive deficits which affect his personality and left him unable to work. Plaintiff also claimed a seizure disorder, which requires medication and left him unable to drive. He sought $658,257 in past medicals, $1,442,666 in future medicals and $1,589,949 in lost earning capacity.

$4,494,666. The jury apportioned 45% fault to Defendant Newbury Fine Dining, Inc.; 45% fault to Defendant Lyons Group, Ltd.; 5% fault to Defendant Rease; and 5% fault to plaintiff.

Judge:

Joseph L. Tauro