Aggie got a bouncer job at Concrete Cowboy

[Bob Lives! 947]

http:// https://m.chron.com/news/houston-texas/houston/article/Former-Astros-star-s-son-friend-accuse-bouncer-13574623.phputm_campaign=hchronfb

 

Kacy Clemens and another minor league baseball player are suing Concrete Cowboy in Houston over an assault by a bouncer on NYE. Interested to hear Surly’s thoughts on this kind of lawsuit. Even as an attorney who is board certified in personal injury, I generally have declined these sorts of cases b/c there is always alcohol involved and the implications of mutual combat with rarely an unbiased witness or determinative video. I’ve had friends pursue them with little success. Just this week I declined a referral from an out of state lawyer who represented some tourists that were assaulted by a bouncer at a well known bar on Dirty 6th. The lawyer in this case, Randy Sorrels, is a very capable attorney who is definitely not in desperate need of new cases. He may just be doing a favor for Clemens or he may really buy into this case. Just wondering what the public thinks about these cases. It’s not hard to buy into the idea of an overzealous poorly trained bouncer, but it’s also not hard to buy into the idea of a drunk, aggressive, non-compliant bar patron.

 

 

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[TwiceHorn 31707]

From the other thread, it appears both of them were sober and relatively well behaved/compliant.  The other thing is that we know Kacy is a good sized dude and most likely so is Capel.  I'm a little shocked at how fucked up they look in the photos.

But yeah I can see the reluctance to take these cases.  What's the insurance coverage situation here?

[Lat22 4053]

Bouncer does not fit the description of standard aggy. 

[Bob Lives! 947]

1 hour ago, TwiceHorn said:

From the other thread, it appears both of them were sober and relatively well behaved/compliant.  The other thing is that we know Kacy is a good sized dude and most likely so is Capel.  I'm a little shocked at how fucked up they look in the photos.

But yeah I can see the reluctance to take these cases.  What's the insurance coverage situation here?

Sorry. Haven't seen the other thread. And I actually looked, briefly. 

The bar surely has a commercial general liability policy that will provide coverage. It does get a tad murky on coverage b/c they'll claim the assault, if that's what it was, was outside the course and scope of the employment and the liability is therefore on the bouncer individually, who presumably has no coverage.  However, Sorrels is undoubtedly smart enough to allege torts that do fall under the CGL coverage, such as failure to properly train, carefully select and  properly supervise employees, etc.  

[TwiceHorn 31707]

5 minutes ago, Bob Lives! said:

Sorry. Haven't seen the other thread. And I actually looked, briefly. 

The bar surely has a commercial general liability policy that will provide coverage. It does get a tad murky on coverage b/c they'll claim the assault, if that's what it was, was outside the course and scope of the employment and the liability is therefore on the bouncer individually, who presumably has no coverage.  However, Sorrels is undoubtedly smart enough to allege torts that do fall under the CGL coverage, such as failure to properly train, carefully select and  properly supervise employees, etc.  

I suppose one of the defense's better arguments is an intentional assault and supervening criminal act, so no employer liability/insurance coverage and let it devolve into a coverage dispute as a distraction against the tort suit?  Then it has some nuisance settlement value, I guess.

I can see this kind of suit becoming a real pain in the ass before it even gets to a jury.

 

Edited January 31, 2019 by TwiceHorn

[crash_davis 23184]

plenty of bouncer fight videos on youtube.  

i imagine very few bouncer fights happen with patrons because the two parties were exchanging pleasantries and xmas cards.  between laywer fees and settlement, this will prob get expensive for somebody(ies).

[ChiTownDoc 21285]

1 hour ago, crash_davis said:

plenty of bouncer fight videos on youtube.  

i imagine very few bouncer fights happen with patrons because the two parties were exchanging pleasantries and xmas cards.  between laywer fees and settlement, this will prob get expensive for somebody(ies).

The insurance company I’m sure.  And it’s not like they’ll feel any hit.  

Concrete Cowboy is pretty corporate.  They’re covered.