Restaurant Reckless in Patron's Drunken Assault of Customer

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Plaintiff injured patron sued defendants, a restaurant, a company, and an alleged assailant, for negligence. One count alleged the injuries were caused by the "gross negligence and reckless and wanton conduct" of the restaurant, its agents, or employees. The restaurant claimed, inter alia, that Connecticut law did not recognize a cause of action for "gross negligence" and that the allegations were insufficient to state a claim for recklessness.

The injured patron alleged that while at the restaurant he was assaulted by the alleged assailant. The court held that the recklessness count alleged, among other things, that the restaurant or its agents served or continued to serve alcoholic beverages to the assailant when they knew that the assailant was impaired, was a danger to other patrons because of the impairment, and was unable to deal responsibly with the decision whether he should continue to drink. That count further alleged that the conduct took place under circumstances when the restaurant failed to supervise the distribution of alcohol on the premises and when it maintained an alcohol policy which allowed service of alcohol to impaired persons. The court could not say as a matter of law that the injured patron failed to state a cause of action for recklessness when it was claimed that a purveyor of alcohol dispensed alcohol to a patron with the knowledge and the policy as alleged. The patron conceded that his complaint failed to allege that the company committed any tortious acts. Also, under Conn. Gen. Stat. § 30-102, he had no cause of action for the negligent sale of alcohol to the assailant. The motion to strike was granted as to two counts against the restaurant and a company. The motion was denied as to a count which alleged recklessness and gross negligence.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Czajkowski v. Billiards, 2006 Conn. Super. LEXIS 2795 (September 15, 2006)