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Wild Wild West Social Club6/23/2000
Stephen Morrison sued Wild Wild West Social Club, Inc., "d/b/a Plum Crazy," and other defendants, claiming that they had negligently allowed Morrison to be physically assaulted and beaten and that their negligence was the proximate cause of Morrison's injuries. All defendants with the except Wild Wild West were eventually dismissed. A jury returned a verdict in favor of Morrison, assessing his damages at $35,000. Wild Wild West moved for a new trial, which was denied. Wild Wild West appeals.
It is well settled that a presumption of correctness attaches to a jury verdict and that a judgment based upon a jury verdict will be reversed only if it appears to be plainly and palpably wrong. Brannon v. Webster, 562 So. 2d 1337 (Ala. Civ. App. 1990). That presumption is strengthened by the denial of a motion for a new trial. Brannon, at 1337.
The evidence in the record indicates the following: On November 9, 1996, Morrison arrived at a "social club" operated by Wild Wild West, between 10:00 and 11:00 p.m. Morrison consumed "two or three beers" and around 1:00 a.m. was dancing when a Wild Wild West bouncer grabbed him and carried him outside to the parking lot. Morrison claims he is unsure why the bouncer grabbed him and carried him outside. Once outside, a Wild Wild West security guard pulled the bouncer off Morrison and began questioning the bouncer. Morrison walked toward the bouncer, and while doing so, bumped into James Graham, another security guard. At this point, two other security guards walked Morrison back to their patrol car. At some point, Graham came up to Morrison and hit him in the groin. A Wild Wild West manager then came out, apologized to Morrison, and informed him that the bouncer and Graham had been immediately fired. The evidence in the record indicates that the security guards were employed by Metropolitan Security Services and had been hired by Wild Wild West to secure the club and the surrounding area.
Two days later, Morrison went to an emergency room because he was still experiencing pain. Doctors discovered that one of Morrison's testicles was ruptured; they rushed him to surgery, where half of the testicle was removed. Morrison was forced to recuperate at home for almost two months.
On appeal, Wild Wild West contends that Morrison failed to introduce substantial evidence indicating that his injuries were the foreseeable result of his ejection from the club. Morrison appears to have been a business invitee at the Wild Wild West club, and the record contains no evidence indicating otherwise. Our Supreme Court in Raney v. Roger Downs Insurance Agency, 525 So. 2d 1384, 1386 (Ala. 1988), held, in regards to negligence law, that "the duty owed by a premises owner depends upon the status of the injured party." The evidence in the record indicates that Morrison entered the Wild Wild West club for a business purpose; that fact would make him an "invitee." See Copeland v. Pike Liberal Arts School, 553 So. 2d 100 (Ala. 1989). Wild Wild West owed Morrison, an invitee, a duty of care to prevent him from being harmed, if it was foreseeable that without the exercise of care harm might result. See Lance, Inc. v. Ramanauskas, 731 So. 2d 1204 (Ala. 1999). Morrison contends that it is foreseeable that Graham, acting as security guard for Wild Wild West, would be hostile toward Morrison because Morrison had just been forcibly ejected from the club. We agree. Graham testified that his duties included breaking up fights and that Morrison was forcibly removed from the club and appeared to be having a confrontation with the bouncer. Given the totality of the circumstances, the evidence regarding these events would allow the jury reasonable to infer that Graham, acting as s
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