Murphy v. Olympic Flame Restaurant, Inc.

By JUDGE THOMAS A. FORTKORT

In this suit, plaintiff has alleged three counts of negligence against a tavern owner and one of its customers who assaulted the plaintiff. Count III is a claim of damages against the customer who is alleged to have assaulted the plaintiff. That count is not in contention here.

Count I generally states that the tavern owner had a duty to maintain security on his premises, and its failure to do so resulted in the injury to the plaintiff.

Count II states that the bartender continued to serve the defendant after he had reached the point of intoxication, thus knew or…