McGraw v. El Rancho Club

DIGGINS, J.,

The instant matter is before the court for determination of defendant’s motion for summary judgment. Plaintiff, Thomas James McGraw, instituted an action in trespass against defendant, El Rancho Club, arising from an occurrence which transpired on March 4, 1965, at approximately 3:30 a. m. In his complaint, plaintiff alleged that while he was a patron at defendant’s “after hours’ club,” he was assaulted by three other patrons by reason of which he sustained injury to his person.

Plaintiffs averments of defendant’s negligence are varied in character, viz., that defendant, inter…