Saba v. Darling

COLE, Judge.

We are asked to decide whether a plaintiff may recovér on a theory of negligence for injuries received as a result of an assault and battery by a defendant who, when intoxicated, has a propensity to inflict harm upon others.

We summarize so much of the evidénce presented at trial as we deem necessary to portray the circumstances giving rise to the issue. It was Saturday night, 11:30. p.m., on June 16,1984. Markus Saba and Charles Darling had never met before, but their paths were destined to cross near Windsor McKay’s restaurant and bar (Bar) in Washington, D.C. Earlier that…