Duda v. Phatty McGees, Inc.

KONENKAMP, Justice.

[¶ 1.] During a fist fight in a nightclub, when a beer bottle was broken over his friend’s head, plaintiff stepped in front of his friend to protect him from further injury. Plaintiff was then stabbed in the neck with the broken beer bottle. In his lawsuit against the nightclub, plaintiff alleged, among other things, that the nightclub was negligent for failing to provide adequate and competent security. The jury returned a special verdict finding that plaintiff assumed the risk of injury. After the trial, the judge announced that during deliberations, the jury sent him…