A Philadelphia man says he’s permanently disfigured after being assaulted inside Woody’s Bar by an underage patron, and he’s suing for $50,000 in damages.
Jeffrey B. Holden alleges that Kenneth B. Shipman smashed a bar glass into his face while both men were inside the bar, causing permanent injuries that necessitate significant compensation.
The incident allegedly took place 1:30 a.m. June 29, 2008, at the popular LGBT establishment, 202 S. 13th St.
“Suddenly and without warning, plaintiff [Holden] was approached on the second story dance floor of Woody’s by Shipman and/or his companion(s) and was smashed in the face with a glass, shattering the glass and lacerating plaintiff’s face,” the lawsuit states.
Shipman was 19 at the time, visibly intoxicated, and “did not possess proper documentation or identification to enter the premises and to purchase and consume alcohol,” the lawsuit states.
Proper carding and monitoring could have “prevented persons from taking glass items onto the dance floor,” the lawsuit alleges. Holden specifically accuses bar officials of negligence.
“Woody’s conduct in failing to have employees monitoring the front door, the doorways and the bar to ensure that minors and visibly intoxicated persons were not being served is willful, wanton and outrageous and was a cause of the harm inflicted upon plaintiff,” Holden’s suit alleges.
Immediately after the assault, Holden went to the hospital and received stitches to close the lacerations, according to court records.
In defense papers, attorneys for Woody’s Bar deny wrongdoing.
“If the incident alleged in plaintiff’s complaint is proven true and correct at the trial in the matter, then plaintiff’s injuries were caused by individuals or entities over whom [Woody’s] has no control or duty to control and, therefore, no cause of action exists against [Woody’s],” defense papers state.
A reply brief filed by Holden maintains the bar’s liability.
“Woody’s had dominion and control over and a duty to control its patrons and permitted underage persons and visibly intoxicated persons to enter, remain, purchase and consume alcoholic beverages inside the premises,” Holden’s reply brief states.
Neither Holden nor his attorney, Leanne L. Litwin, could be reached for comment.
Holden’s suit, filed in March 2010 in Philadelphia Common Pleas Court, is in the discovery phase of litigation.
In an August 2009 criminal proceeding for the incident, Shipman pleaded guilty to simple assault and possessing an instrument of crime, and was sentenced to two years of supervised probation.
Shipman also was ordered to pay $2,573 for Holden’s medical expenses and $448 for additional out-of-pocket expenses.
In July 2010, Common Pleas Judge Allan L. Tereshko permitted Shipman to add Jose Ocampo as a defendant in the civil case.
A recent motion filed by Shipman indicates that Ocampo caused Holden’s injuries.
“Ocampo negligently, carelessly and recklessly caused and/or contributed to the injuries and damages complained of in plaintiff’s complaint,” Shipman’s motion states.
Thus, Shipman is requesting that the court dismiss him as a defendant, according to his motion.
“In the event that it is proven at trial that plaintiff has suffered compensable damages, additional defendant Ocampo is solely liable for those damages,” Shipman’s motion contends.
A ruling on Shipman’s motion remained pending at press time.
Shipman, who currently resides in North Carolina, couldn’t be reached for comment.
His attorney, Lee J. Janiczek, declined to comment on the case.
Ocampo couldn’t be reached for comment, and no legal representation was listed in the court papers.
A jury trial is scheduled for 10 a.m. Oct. 4, 2011, in Courtroom 243 of City Hall. A presiding judge hasn’t yet been selected.
A lawyer for Woody’s, John R. Evans, declined to comment on the pending litigation.
In addition to punitive and compensatory damages, Holden is seeking attorney’s fees incurred due to the litigation.
Tim Cwiek can be reached at (215) 625-8501 ext. 208.