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Attn VV Lawyers, a question

Posted: November 15, 2005, 11:02 pm
by Ransure
Ok, so heres the situation (do most of my posts start like this? I think they do...) I was at a Halloween party a few weeks ago, and a few friends and I left to go see a bartender friend across town. We walked into the club in costume, had a few beers, and I decided to head to the upstairs bar to check it out and take a piss (3 level bar, guys bathroom on the top floor).

Well, this is a bar where they have different stages around for bartenders, paid dancers and female customers to dance on. When I got upstairs, a few people asked me to pose for pictures with them, then all of the ladies on the main stage called me over. They pulled me up and had me pose for a few pictures. About 2 minutes later I feel someone pull on my robe (stage is about 3ft off the ground). I put my hand on the ceiling to keep my balance, and next thing I know, Im tackled to the ground. Apparantly a bouncer had walked up, pulled on my robe, then he chopped his arm into the side of my knee and taken me down over his shoulder. As I lay there on the floor, he pulls my mask off and I say "Hey! what the fuck is your problem?" first words out of his mouth are "Oh, man, Im sorry" I said "what? you were expecting someone drunker than me?". He then helped me up and bought me and my friends a drink.

After hitting the pisser, I went back downstairs limping a bit and told my friend the bartender what happened. She got pissed and called the manager over. He asked me what happened, I told him and he went and sent the bouncer home. My bartender friend was still pissed and pulled the owner aside to yell at him. The only part of the conversation I caught was "This isnt the first fucking time your bouncers have gotten out of line, and now they hurt one of my friends!".

Now its two weeks later, my knee hasnt stopped swelling. After 3 days of heat/ice/elevation I went to my doctor who sent me to an Orthopedic Surgeon, and tonight I just got my MRI's. Knee's still fucked and Im meeting with my Lawyer on Thursday... but whats everyone else think? good case? I actually wouldnt have even spoken with a lawyer if my knee wasnt fucked... but if this ruins my ski season, possibly permanantly... you better be damn sure Im not gonna take that lying down.

Posted: November 16, 2005, 12:12 am
by Sirensa
I'll give you my 1 cent (as a law student)

You might have a chance at some sort of negligence suit.

Doesn't really make sense why you were tackled... Did he even ask you to get down? Is the main stage like an area where employees perform or is it just a dance stage anyone can get up on?

Posted: November 16, 2005, 12:15 am
by Arborealus
Sounds like a good case. Your medical expenses should be covered and then some. Just curious why didn't you train Bouncer out?...Wouldn't be the first time! :twisted:

Posted: November 16, 2005, 12:15 am
by Sionistic
Say you want the bouncer fired and you want the club to pay your medical costs

Posted: November 16, 2005, 12:16 am
by Raistin
All I can say is, $$$.

Posted: November 16, 2005, 1:52 am
by Boogahz
Your medical expenses should be covered by the business owner's insurance. It's not so much a legal question than an insurance questions unless you are seeking more for "pain and suffering."

Posted: November 16, 2005, 2:35 am
by Ransure
My company insurance has covered everything thus far, including the MRI tonight...

Pain and Suffering?... well, if I can never ski the same again... yea.. that is an issue.

I personally dont think he said anything... and the two friends of mine who were watching me said he just pulled on my cape and then took me down. So, since I was in a full mask and might not have heard him... the other two people I was with dont think he said anything either.

Posted: November 16, 2005, 2:36 am
by Ransure
Arborealus wrote:Sounds like a good case. Your medical expenses should be covered and then some. Just curious why didn't you train Bouncer out?...Wouldn't be the first time! :twisted:
Ive gotten a bit more subtle :) I had the manager train him out... that way the blame couldnt be laid on me for ruining a raid :p

Posted: November 16, 2005, 4:56 am
by Arborealus
Ransure wrote:
Arborealus wrote:Sounds like a good case. Your medical expenses should be covered and then some. Just curious why didn't you train Bouncer out?...Wouldn't be the first time! :twisted:
Ive gotten a bit more subtle :) I had the manager train him out... that way the blame couldnt be laid on me for ruining a raid :p
EXPROIT!

Posted: November 16, 2005, 8:59 am
by Drolgin Steingrinder
he no exproit use~

Posted: November 16, 2005, 9:56 am
by Kilmoll the Sexy
You should be making him pay for this instead of your insurance. All insurance companies have a maximum lifetime payment for benefits. I am sure that at this point you are not counting on anything bad happening that would hit those maximums, but you could have an issue tomorrow hit you unexpectedly. Never leave anything to your own insurance if you can help it.

Posted: November 16, 2005, 10:40 am
by Morgrym
If he is proved liable then the Bar's insurance will have to pay the injured parties insurance via 3rd party liability. Otherwise, bills will just pile up and he will end up in collections. It's a standard practice to have things paied asap and then seek retrubution.

Posted: November 16, 2005, 12:38 pm
by Psyloche
Ransure wrote:
Arborealus wrote:Sounds like a good case. Your medical expenses should be covered and then some. Just curious why didn't you train Bouncer out?...Wouldn't be the first time! :twisted:
Ive gotten a bit more subtle :) I had the manager train him out... that way the blame couldnt be laid on me for ruining a raid :p
I've known you for 10 years or so now, and better than anyone on this message board, you're far from subtle.

Posted: November 17, 2005, 9:50 pm
by Noysyrump
The owner and fellow employees tried to make ammends. If you do anything in the leagl department be good about it and at least dont get greedy.

Posted: November 17, 2005, 11:42 pm
by Abelard
Not sure how you guys do things where you're living--but over here all the bouncers on the main bar street are under one or two different companies. So your case may not even involve the bar you were partying at that night. This is presuming you are going after the bouncer.

As for court, what are your plans? Civil or criminal court? Now, if you are extra pissed at this guy you may be able to take him to criminal but he would probably get off with a slap on the wrist. What I recommend personally would be to try to settle with the owner outside the legal system first.

You pretty much have an open and shut case here with the amount of witnesses that were present. So unless the guy who owns this bar is a complete fool (which he quite possibly could be) he should be willing to pay your medical costs at the very least.

If he doesn't cooperate then take the legal route. You'll win hands down.

Really, it's a wonder that half these bouncing companies make any money. I've seen and heard about so many cases the last couple years alone that make these so called, 'reputable' companies sound like street gangs.

Good luck.

Posted: November 18, 2005, 5:33 pm
by Ransure
Yay, I get my knee reconstructed next Friday.... aparantly my ACL is wrecked...

Posted: November 18, 2005, 6:09 pm
by masteen
Sweet! Everybody needs a little corpse tissue in them!

Posted: November 26, 2005, 12:25 pm
by Ransure
Ugh, surgury yesterday... I am in more pain than Ive ever experianced... even popping percocets every 3-4hrs isnt helping...

Posted: November 26, 2005, 12:57 pm
by Sionistic
When my mom had surgery on her shoulder, the next day they had a pump shooting morphine straight into it for a day and they had her on morphine pills for like 3 days. Should of gotten that!