NOVAK v. CAPITAL MANAGEMENT AND DEVELOPMENT CORP.

No. 08-7135.

570 F.3d 305 (2009)

Dominic NOVAK, Appellee v. CAPITAL MANAGEMENT AND DEVELOPMENT CORPORATION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.


Attorney(s) appearing for the Case

Brian E. Hoffman argued the cause for appellants. With him on the briefs was Jeffrey R. Schmieler.

Patrick M. Regan argued the cause and filed the briefs for appellee.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge.

A group of men attacked and brutally beat appellee Dominic Novak moments after he left a nightclub in 1998. The club required patrons to leave the building through a single door that led into an alley, and the attack occurred in close proximity to that door. Although the club employed several security officers, they were all inside the building during the beating. Novak, who sustained permanent injuries, brought this diversity action against...

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