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G14 (03 [or ow clavis © wep pes com | © xs 6th a[vlrowm Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet (Supplemental Parties) Fer Remon Use Oy Soot nO) SEPTEMBER 2016 202809 Recess Louwee TS Scum sem Wallan, Phvladelph ie. Cs 10% Manayou Cre e726 Sean so VN way Pluiledelelhu, fo 14106 ROLAND BUTLER, COURT OF COMMON PLEAS JESSIE, : PHILADELPHIA COUNTY Plaintiffs : vs. CIVIL SECTION LESEAN MCCOY, TAMARCUS PORTER, SEPTEMBER 2016 CHRISTOPHER HENDERSON, : 002109 RECESS LOUNGE, : THE MANAYUNK CLUB : Defendants : COMPLAINT — CIVIL ACTION, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you ‘must take action within twenty (20) days after this complaint and notice are served, by entering a written, appearance personally or by attorney and filing in writing with the court your defenses or objections fo the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and 1 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other laim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DONOT HAVE A. GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN /OU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHILADELPHIA BAR ASSOCIATION Lawyer Referral und Iniormation Service One Reading Center Philadelphia, PA 19107 Telephone: 215-238-6333 INTRODUCTORY EMENT 1. This is a civil action seeking money damages against LeSean McCoy, Tamarcus Porter, Christopher Henderson, Recess Lounge and The Manayunk Club for their intentional actions, malicious actions, reckless actions, careless actions or negligent actions regarding an assault and battery, as well as in the operation of a business, as well as violation of the Dram Shop Act and violation of the duty of care as a business and business owner to keep the place of business safe for all invitees and business visitors. PAR’ 2, Plaintiff, Roland Butler, is an adult individual currently residing at 531 Brookside Ave., Yeadon, PA 19050. 3, Plaintiff, Damell Jessie, is an adult individual currently residing at 1806 Penfield St., Philadelphia, PA 19126. 4, Defendant, LeSean McCoy, is an adult individual whose agent has offices located at 2000 Market St,, #1850, Philadelphia, PA 19103 5. Defendant, Tamarcus Porter, is an adult individual whose agent has offices located at 2000 Market St., #1850, Philadelphia, PA 19103, 6, Defendant, Christopher Henderson, is an adult individual whose agent has offices located at 2000 Market St., #1850, Philadelphia, PA 19103. 7. Defendant, Recess Lounge, is a business, company, entity, partnership, franchise, fictitious name, proprietorship or corporation, duly incorporated and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business being 125 Sansom Walkway, Philadelphia, PA 19106. 8, Defendant, the Manayunk Club, wholly owned and operated Defendant, Recess Lounge, and is a business, company, entity, partnership, franchise, fictitious name, proprietorship or corporation, duly incorporated and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business being 125 Sansom Walkway, Philadelphia, PA 19106. Facts 9. On February 7, 2016, Plaintiff's went to Defendant Recess Lounge at approximately 2:30am. 10. There were multiple security guards outside Defendant Recess Lounge, patting people down as they attempted to enter the Recess Lounge. There were also security personnel inside Defendant Recess Lounge. 11. Plaintiffs were with a friend in the “VIP” Section of Defendant Recess Lounge 12. Plaintiffs ordered bottles of champagne and upon their arrival, Defendant Tamarcus Porter attempted to grab one of the bottles from Plaintiff Roland Butler, stating “that bottle is mine” while placing his hands on the bottle of champagne that Plaintiff Butler was holding 13, Plaintiff Butler told Defendant Porter that his friend had just purchased the bottle of champagne and it was not, in fact, Defendant Porter's bottle of champagne. 14, Defendant Porter then pushed Plaintiff Butler and punched Plaintiff Butler in the face, knocking Plaintiff Butler to the ground. 15, While Plaintiff Butler was on the ground, Defendants LeSean McCoy, Christopher Henderson and others began punching and kicking Plaintiff Butler repeatedly 16. Plaintiff Damell Jessie observed Plaintiff Butler on the ground with indivdual Defendants beating him. 17. Plaintiff Jessie attempted to pull individual Defendants off of Plaintiff Butler. 18. While attempting to separate individual Defendants from Plaintiff Butler, Defendant McCoy punched Plaintiff Jessie in the eye. 19, Individual Defendants were clearly intoxicated, 20, Eventually, individual Defendants were pulled off of Plaintiffs. 21. Plaintiff Jessie suffered injuries, including, but not limited to, facial fractures around left eye, laceration on left side of face requiring eight (8) stitches, concussion causing reoccurring migraines. Plaintiff missed approximately two (2) months of work due to his injuries. 22, Plaintiff Butler suffered injuries including, but not limited to, bruised and lacerated left eye, broken nose requiring surgery, multiple broken ribs, broken thumb on his left hand, bruised face, bruised torso, pain throughout his back. Plaintiff missed approximately two (2) months of work due to his injuries. 23, Atall times relevant to this cause of action, The Manayunk Club was a business engaged in the service of alcoholic beverages to the public and/or management of a liquor license establishment at inter alia, “Recess Lounge.” 24. At the time of the above described incident, the security guards, bartenders and servers working inside Recess Lounge were acting within the scope of their employment as employees, agents, servants, representatives or workers for the club, Recess Lounge, and The Manayunk Club, 25, Atall times referred to herein, Recess Lounge and/or The Manayunk Club was a licensee as defined by the Pennsylvania Liquor Code and subject to 47 P.S. §4-493 of the Liquor Code. COUNT ONE ASSAULT AND BATTERY. 26. By this reference, Plaintiffs incorporate each and every allegation and averment set forth in Paragraphs 1-25, as though fully set forth herein. 27. On or about February 7, 2015 while inside the club, Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson suddenly and without provocation or legal justification, repeatedly punched, kicked, assaulted and battered Plaintiffs 28, The aforesaid assault, battery and intentional infliction of emotional distress of plaintiffs by individual Defendants, was carried out unlawfully, negligently, maliciously and/or intentionally. 29, As a direct and proximate result of the negligent, intentional, unlawful, reckless and malicious acts described above, committed by Defendants, LeSean McCoy, Tamarcus Porter and Christopher Henderson, Plaintiffs sustained serious and/or permanent injuries to their bodies and were caused to suffer serious mental anguish and emotional distress and lost wages, all of which may continue indefinitely into the future. 30. By reason of the aforesaid maliciousness, recklessness, gross negligence, negligence and/or carelessness of Defendants, Plaintiffs were forced to undergo medical treatment for theit injuries. 31. By reason of the aforesaid maliciousness, recklessness, gross negligence, negligence and/or carelessness of Defendants, Plaintiffs have been and probably will in the future be obligated to spend various sums of money for medical treatment and drugs and medicines in endeavoring to treat their injuries, 32. As a further direct, proximate and reasonable result of this incident, Plaintiffs suffered severe physical pain, aches, mental anguish, humiliation, inconveniences, loss of life’s pleasures and lost wages, and will continue to suffer same for an indefinite time into the future. 33. The aforesaid incident resulted from the maliciousness, recklessness, gross negligence, negligence and carelessness of Defendants herein and in no manner whatsoever due to any act or failure to act on the part of said Plaintifis, 34, The above described damages were directly and proximately caused by the above actions and negligence of Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson. 35. Defendants’ conduct complained of herein was unlawful, outrageous, wanton, willful and done with reckless disregard for the safety of Plaintiffs, warranting the imposition of punitive damages, which are sought herein by Plaintiffs. WHEREFORE, Plaintiffs respectfully request judgment against Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, jointly and/or severally, for compensatory and punitive damages, plus costs of this action, attorneys’ fees and such other relief as the Court deems fair and appropriate under the circumstances, in a sum in excess of $50,000.00 plus interest COUNT TWO. 36. By this reference, Plaintiffs incorporate each and every allegation and averment set forth in Paragraphs 1-35, as though fully set forth herein. 37. On February 7, 2016, Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, acting alone, jointly, severally and/or in civil concert and conspiracy, committed acts against Plaintiffs, including assault and battery and/or outrageous conduct causing severe physical injury and emotional distress. 38, Plaintiffs re-allege the damages as previously set forth herein above. WHEREFORE, Plaintiffs respectfully request judgment against Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, jointly and/or severally, for compensatory and punitive damages, plus costs of this action, attomeys’ fees and such other relief as the Court deems fair and appropriate under the circumstances, in @ sum in excess of $50,000.00 plus interest. FI 39. By this reference, Plaintiffs incorporate each and every allegation and averment set forth in Paragraphs 1-38 in this Complaint, as though fully set forth herein. 40. The unlawful actions and conduct of Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, were intentional and/or reckless, constituting extreme and outrageous conduct which caused plaintiffs to suffer severe and foreseeable emotional and physical injuries to their persons, 41, Plaintiffs re-allege the damages as previously set forth herein above. WHEREFORE, PlaintiffS respectfully request judgment against Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, jointly and/or severally, for compensatory and punitive damages, plus costs of this action, attorneys’ fees and such other relief as the Court deems fair and appropriate under the circumstances, in a sum in excess of $50,000.00 plus interest COUNT FOUR NEGLIGENCE, 42, By this reference, Plaintiff’ incorporate each and every allegation and averment set forth in Paragraphs 1-41 in this Complaint, as though fully set forth herein. 43. On February 7, 2016, Plaintiffs were invitees and business visitors who were invited to enter Defendant Recess Lounge for a purpose directly connected with business dealings with the Defendant business. 44, On February 7, 2016, Plaintiffs were lawfully inside the premises of Defendants Recess Lounge and The Manayunk Club, located at 125 Sansom Walkway, Philadelphia, PA 19106. 45, Defendants Recess Lounge and The Manayunk Club, knew, or in the exercise of reasonable care should have known, of the dangerous, hazardous and unsafe condition, and that in the absence of proper and adequate security, a dangerous, hazardous and ‘unsafe condition would exist, causing a menace to the safety of Plaintiffs and others lavwfully on said premises. 46, Defendants held their place of business out as safe, by having security guards at the point of entry to the premises and inside the premises, therefore inviting visitors and business invitees, such as plaintiffs, to rely on the representation that the business was safe. 47. Plaintiffs did in fact rely on this representation of said premises being safe when they entered the premises on February 7, 2016. 48. The recklessness, gross negligence, negligence and/or carelessness of Defendants Recess Lounge and The Manayunk Club, consisted of the following: (a) Failure to have proper security at the entrance to the business (b) Failure to warn plaintiffs of the hazardous condition, which they knew or in the exercise of reasonable care should have known; (©) Failure to use reasonable and prudent care to keep and maintain a safe premises for plaintiffs, who were lawfully upon said premises; (d)__ Permitting said premises to become and remain unsafe, by permitting persons to assault and batter plaintiffs, so as to constitute a menace and danger for persons lawfully upon said premises; (e) _ Disregarding the rights and safety of plaintiffs who were lawfully upon said premises; (8) Otherwise failing to exercise due care under the circumstances; () Negligence per se; and (h) Negligence under the theory of res ipsa loquitor, there being no non-negligent cause or explanation for the occurrence described above. 49. As a direct and proximate result of the aforementioned recklessness, gross negligence, negligence andlor carelessness of Defendants Recess Lounge and The Manayunk Club, Plaintiffs sustained serious and/or permanent injuries to their bodies and were caused to suffer serious mental anguish and emotional distress and monetary losses, all of which may continue indefinitely into the future. 50. The aforesaid incident resulted from the recklessness, gross negligence, negligence and carelessness of Defendants Recess Lounge and The Manayunk Club, herein and in no manner whatsoever due to any act or failure to act on the part of said plaintiffs 51. The above described damages were directly and proximately caused by the above actions and negligence of Defendants Recess Lounge and The Manayunk Club. 52, Defendants’ conduct complained of herein was unlawful, outrageous, wanton, willful and done with reckless disregard for the safety of Plaintiffs, warranting the imposition of punitive damages which are sought herein by Plaintiffs. 453, Plaintiffs re-allege the damages as previously set forth herein above. WHEREFORE, Plaintiffs respectfully request judgment against Defendants Recess Lounge and The Manayunk Club, jointly and/or severally, for compensatory and punitive damages, plus costs of this action, attomeys’ fees and such other relief as the Court deems fair and appropriate under the circumstances, in a sum in excess of $50,000.00 plus interest. 10 VIOLATION OF DRAM SHOP ACT 54. By this reference, Plaintiffs incorporate each and every allegation and averment set forth in Paragraphs 1-53 in this Complaint, as though fully set forth herein. 55, Atall relevant times, Defendants Recess Lounge and The Manayunk Club, and their agents, servants and/or employees had a duty to exercise reasonable and proper care in the sale, supply and furnishing and/or providing of alcoholic beverages $0 as to protect patrons and members of the public generally and Plaintiffs, particularly, from the dangers and hazards posed by intoxicated persons. Further, Defendants Recess Lounge and The Manayunk Club, had a duty not to serve alcoholic beverages to any persons who were visibly intoxicated, including Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson. 56. While inside the above said premises, Defendant Recess Lounge, an employee or agent of the club served alcoholic beverages to Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, while they were visibly intoxicated 57, On February 7, 2016, Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson, after being served alcohol by Liquor Licensee Defendants, Recess Lounge and The Manayunk Club, while in a visibly intoxicated state and while under the influence of alcohol, assaulted and battered Plaintiffs 58, The act of serving alcohol to the visibly intoxicated individual Defendants \was a proximate cause of Defendants LeSean McCoy, Tamarcus Porter and Christopher Henderson assaulting and battering Plaintiffs 59. The recklessness, gross negligence, negligence andlor carelessness of a Defendants Recess Lounge and The Manayunk Club consisted of the following, (a) Providing, supplying, fumishing and/or selling alcoholic beverages to person who was visibly intoxicated and/or who was habitually drunk and of known intemperate habits; (b) Providing, supplying, furnishing and/or selling alcoholic beverages to the individuals who assaulted and battered plaintiffs, () Permitting others to provide, supply, fumish, serve andlor sell alcoholic beverages to the individuals who assaulted and battered plaintiffs; (4) Negligence per se and/or strict liability for providing, supplying, furnishing, serving and/or selling alcoholic beverages to persons, including the individuals who assaulted and battered plaintiffs, who were visibly intoxicated and/or who were habitually drunk and/or of known intemperate habits, () Negligence per se and/or strict liability for violations of Pennsylvania Crimes Code, Pennsylvania Liquor Code including provisions relating to the sale ‘and supply and/or furnishing of alcoholic beverages to persons visibly intoxicated by liquor licensees, their agents, servants and/or employees, (©) Violations of all statutes concerning the service of alcoholic beverages giving rise to civil liability; (g) Respondent superior or vicarious liability for acts and/or omissions of these defendants’ employees, agents, servants, independent contractors, shareholders, partners and/or property owners, (h) Violating 47 P.S. §§ 4-493 and 4-497. 60. Asa direct and proximate result of Defendants’ negligence, carelessness and recklessness as described above, Plaintiffs were caused to sustain serious injuries, when they were assaulted and battered. 61. The aforesaid incident resulted from the recklessness, gross negligence, negligence and carelessness of Defendants Recess Lounge and The Manayunk Club, herein and in no manner whatsoever due to any act or failure to act on the part of said Plaintiffs 62. The above described damages were directly and proximately caused by the above actions and negligence of Defendants Recess Lounge and The Manayunk Club. 63. Defendants’ conduct complained of herein was unlawful, outrageous, wanton, willful and done with reckless disregard for the safety of plaintiffs, warranting the imposition of punitive damages, which are sought herein by Plaintiffs. 64, Plaintiffs re-allege the damages as previously set forth herein above. WHEREFORE, Plaintiffs respectfully request judgment against Defendants Recess Lounge and The Manayunk Club, jointly and/or severally, for compensatory and punitive damages, plus costs of this action, attorneys’ fees and such other relief as the Court deems fair and appropriate under the circumstances, in a sum in excess of $50,000.00 plus interest MCMONAGLE, PERRI, MCHUGH & MISCHAK, P.C. 1845 Walnut St., 19" Floor Philadelphia, PA 19103 43 Roland Btler and Damell Jessie Fortunato N. Perni,5r., Esq. Attomey for Plaintiff, Damell Jessie Php Brian J. MeMonagle, Esq, Attomey for Plaintiff, Roland Butler 4 VERIFICATION PLAINTIFF, ROLAND BUTLER, verifies that the statements made in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief and understands that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Roland Butler, Plaintiff PLAINTIFF, DARNELL JESSIE, verifies that the statements made in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief and understands that false statements herein are made subject to the penalties of 18 Pa. C. $, 4904, relating to unswom falsification to authorities.

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