Attorneys for Voyeur nightclub want a Philadelphia judge to dismiss the lawsuit of Nicholas D. Forte, a gay man who was brutally beaten outside the club two years ago.
On Dec. 10, 2013, Forte was assaulted outside Voyeur by Miguel Maldonado, a Voyeur bouncer, and Matthew Morris, a Voyeur patron.
Forte’s injuries included a broken eye socket, a broken nose, a broken rib and multiple facial fractures.
Maldonado and Morris were convicted of multiple offenses stemming from the incident, and remain incarcerated in state prisons.
Forte has maintained that, prior to assaulting him, Morris and/or Maldonado were served alcoholic beverages at Voyeur, while they were visibly intoxicated. He’s seeking compensatory and punitive damages from Voyeur in excess of $50,000.
In a March 10 filing, Voyeur claimed Forte contributed to any injuries he sustained, that he failed to mitigate his damages and that his injuries aren’t serious and permanent.
“Voyeur’s duly authorized agents, servants, workmen or employees acted prudently, properly and with all due care as required during the relevant time period stated in Forte’s complaint,” Voyeur’s filing states.
The filing also requests that Forte’s lawsuit be dismissed and that Forte be required to pay for Voyeur’s legal fees.
Recently, Voyeur was successful in its request that Forte’s claim for punitive damages be dismissed. But attorneys for Forte intend to revisit the issue, and to have his punitive-damages claim reinstated.
Forte claims Voyeur failed to warn patrons of dangerous conditions outside the nightclub, located at 1221 St. James St.
In a March 31 reply brief, attorneys for Forte denied many of the assertions made by Voyeur. The brief reiterates that Forte’s injuries are serious and permanent, that he didn’t contribute to his injuries, and that Voyeur wasn’t operated in a safe manner.
Forte’s reply brief also notes that if Morris and Maldonado caused Forte’s injuries, Voyeur “should have exercised control over those persons.”
Maldonado and Morris couldn’t be reached for comment. Attorneys for Voyeur had no comment.
“We’re currently in the discovery phase of this litigation,” said Joshua B. Schwartz, an attorney for Forte. “We look forward to placing the defendants under oath and holding accountable all individuals and entities responsible for Mr. Forte’s injuries.”
Philadelphia Common Pleas Judge John M. Younge hadn’t ruled on Voyeur’s request to dismiss the case as of presstime.