There's a Big Difference...

Here's the question posed:

Hey Gang,?

I've got a case where my client, 33-yr old male, was out with his buddy and two female acquaintances, during one of Pittsburgh's big party nights called "Light up Night."

My client has a pre-existing seizure disorder which is well-managed by medication, but the medication warns not to drink alcohol, especially in excess.?

Long story short, my client does drink about 7-8 vodka cocktails that night at his buddy's house.? Then, they show up at a restaurant and wait in line for the elevator to the 3rd floor roof-top bar.? While waiting, he stumbles a bit and kind of falls softly against an adjacent wall.? He's out for about 5-10 seconds.? The security guard asks if he's okay, and he says "yes."??

My client was always quiet, polite, respectful.? Other than his brief fainting episode, he was never "acting" drunk.? Nevertheless, the security takes my client away from his friends and escorts him out of the building.? And wouldn't you know it, about 30 seconds later my client collapses and cracks his skull on the pavement, suffering severe subdural hemorrhaging and other brain injuries.?

The defense is going BIG on comparative negligence, saying, "look, the kid was drunk.? He had a BAC at the hospital of 0.14.? His medication tells him not to drink.? He was not acting responsibly and he brought this on himself."

I could use some analogies for how to combat this.? The best one I came up with so far - even though it's a bit "extreme" - goes like this:? "suppose a homeowner is having a house party and removes a drunkard from the house.? He escorts him out of the house and places him at the edge of the neighbor's swimming pool.? And wouldn't you know it, he passes out and falls in the water and drowns.? Now, who's at fault?? The drunkard or the homeowner who placed him in danger?"

Not a perfect analogy, but it kind of makes my point, which is:? the security guard, for no good reason, removed my client from the comfort and security of his friends, and placed him above a bed of concrete...all the while knowing that my client was already suffering from instability.? The security guard literally placed him in a predictably dangerous position.?

Anybody have any other thoughts or ideas?? I'd love to hear them!? The more the merrier.?

Thank you!?

Tim

Here's my response:

Hi Tim,

There is a big difference between a bouncer and a security guard. Bouncers are brutes who break up fights and toss troublemakers out into the cold. They are intimidating enforcers. Their title makes that clear.? A “security” guard’s job is to make the premises more save and secure for customers, not to endanger them. Their title makes that clear too. Unlike bouncers, they are supposed to be professionals, not “muscle”.?

Mr. Jones was a courteous customer, not a troublemaker. He was not making trouble, he was in trouble. This security guard did not make the situation more safe and secure, he greatly increased the danger and took away the security. It’s like a lifeguard seeing someone struggling to swim in the shallow end of a pool and towing them down to the deep end, rather than checking on them and making sure they are okay.?

Keith Mitnik