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Murphy v. Second Street Corp.3/23/2001
2:00 p.m.
TO BE PUBLISHED
OPINION AFFIRMING
Laura Murphy has appealed from a summary judgment entered by the Jefferson Circuit Court on November 15, 1999, that dismissed her personal injury action for damages suffered from an assault which allegedly occurred at the Second Street Corporation's place of business. Having concluded that the Corporation did not have a duty to prevent the initial assault of Murphy or a duty to identify or to detain the assailant after the assault, we affirm.
On May 21, 1997, Murphy and two companions, Rebecca Gnadinger and Shannon Simms, decided to "get out" and go dancing. That evening at approximately 10:45 p.m., the three friends arrived at O'Malley's Corner, which is an entertainment complex consisting of a several nightclubs which are separated from each other but also connected to each other by walkways and doorways. That night, Murphy, who was 19 years old at the time, and her friends spent their time in the Rock-It Club, which was conducting a "teen night." During "teen night", no alcoholic beverages were sold in the Rock-It Club but customers over 21 years of age were permitted in the premises.
Murphy testified in her deposition that she and her friends were dancing near the disk jockey booth when an altercation occurred. She testified that while she was dancing, she was pushed from behind. Murphy then turned around to find out why she had been pushed and a large woman told her that she had stepped on her toe. In her deposition Murphy stated: "I was in the middle of telling her I was sorry, you know, it was a crowded dance floor, and she hit me in my jaw."
Immediately thereafter, the club's private security personnel removed Murphy's attacker from the club and off the premises without gathering any identification from her. The club also attended to Murphy by having an emergency medical technician (EMT) examine her. The EMT told Murphy that she was alright and her friends drove her home. Murphy testified, however, that during the night she suffered pain and the next day she went to Jewish Hospital where she underwent surgery for a broken jaw. As a result, Murphy had a tooth removed and her mouth was wired shut for six weeks.
On May 20, 1999, Murphy filed a complaint in the Jefferson Circuit Court against the Second Street Corporation as the owner and operator of O'Malley's Corner and Coyote's, Inc. In her complaint, Murphy alleged:
On May 21, 1997, at approximately 11:45 p.m., Plaintiff was in Defendant's tavern and dance hall as a patron. While Plaintiff was at the tavern, a certain stranger whose name is unknown to the Plaintiff was also at the tavern as a patron and was served intoxicating beverages by Defendant. After remaining in Defendant's tavern for some time said stranger started to become unruly, boisterous, and prone to violent action, all of which conduct Defendant knew, or in the exercise of reasonable care should have known, about. After a while, said stranger started a fight and engaged in other violent action with Plaintiff as a result of same, Plaintiff was suddenly and without warning forcefully and violently assaulted and beaten by said stranger as a consequence of which Plaintiff sustained the severe bodily injuries described below [emphasis added].
On June 10, 1998, the Corporation and Coyote's filed an answer. The parties then conducted discovery which included taking the depositions of Murphy, her friends Gnadinger and Simms, and the surgeon that treated Murphy. On April 12, 1999, the appellees filed a motion for summary judgment. On May 6, 1999, Murphy filed a response and the trial court heard oral arguments on the motion on May
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