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CASSANELLO v. LUDDY

302 N.J. Super. 267 (1997)

ALBERT CASSANELLO, PLAINTIFF-APPELLANT, v. JOHN LUDDY, DOUGLAS WEITE, TOP SHOTS, INC., TRADING AS HOT SHOTS, JORGE GAMARRA AND LUIS MENDEZ, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Stephen L. Klein argued the cause for appellant.

Alison M. Nissen and Michael J. Palma argued the cause for respondents (Capehart & Scatchard, and Frese & Palma, attorneys; F.J. Fernandez-Vina, of counsel; Ms. Nissen and Mr. Palma, on separate briefs).

Before Judges STERN and HUMPHREYS.

The opinion of the court was delivered by HUMPHREYS, J.A.D.

Plaintiff was a patron of the defendant Hot Shots tavern ("tavern") in North Bergen, New Jersey. One evening he was attacked by two other patrons after he had left the tavern. His skull was fractured with an axe hammer. Plaintiff's suit against the tavern and the tavern's security person was dismissed on defendants' motion at the end of plaintiff's case. The judge held that the attack was not reasonably foreseeable...

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