The family of a man who died after being assaulted at an Ohio bar last year is suing the man who punched him, as well as the owners of the bar and the building that houses it. The defendants are being sued for wrongful death and negligence, among other counts.
The family alleges that the man who punched their loved one did so negligently and intentionally. They also say the bar owners should not have allowed the man to stay there while he was notably intoxicated because they have a duty to the public (including the man who died) to prevent "fighting, rioting and reveling on the premises," the complaint says.
The owners of the building, who sold the Ironton bar itself in February, say they're frustrated because it's been more than a year since the fight and they don't feel they're at fault. While they owned the bar and grill at the time of the incident, they say the fight didn't take place inside the business itself. It happened either in the parking lot or the sidewalk, they say, but concede they aren't exactly sure where. When police responded to the incident, they found the man outside. He was taken to a hospital and later died from his injuries.
The man who punched him was convicted of a reduced charge of manslaughter (he was originally charged with murder) and is currently serving a prison sentence.
The building owners say they called police immediately after the assault, and that the man's conviction proves he's at fault. But the family of the man who died is pressing on with the case, seeking to recover medical expenses as well as compensatory and punitive damages for each count and each defendant.
Should the owners be held responsible? And if so, to what degree? Ultimately it will be up to a judge to decide.
Source: Ironton Tribune, "Wrongful death suit filed against Marlow," Michelle Goodman, Nov. 22, 2011
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