EATON v. PENN-AMERICA INS. CO.

No. 10-1273.

626 F.3d 113 (2010)

Zachary EATON, Plaintiff, Appellant, v. PENN-AMERICA INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 23, 2010.


Attorney(s) appearing for the Case

David J. Van Dyke for appellant.

H. Peter Del Bianco, Jr. , with whom Teresa M. Cloutier and Lambert Coffin were on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

This appeal traces its genesis to a fracas at a nightclub. At this stage of the proceedings, there is no genuine dispute about the material facts. We rehearse them briefly.

On the evening of November 23, 2005, plaintiff-appellant Zachary Eaton went to a nightclub in Orono, Maine. Another patron, not related to the appellant, behaved inappropriately while dancing in the mosh pit. The club's bouncer sought to eject the unruly patron. The...

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