What kind of case is this, civil or criminal?
This is a civil case between Mr. Kuehn and Pub Zone.
What is the difference?
A civil case is between two parties where one party feels the other party is in some way responsible to the suing party.
A criminal case is when a person or person’s commits a crime that state or federal considers offensive.
Who is the plaintiff and who is the defendant?
Mr. Kuehn is the plaintiff and Pub zone is the defendant.
What is the key issue in this suit?
The Pub Zone knew the Pagan gang was prone to violence and still allowed the gang members into Pub while wearing gang colors. The Pub Zone had a duty to protect its customers.
Why does Pub Zone claim it had no duty to Kuehn?
Ms. Kerkoulas the owner of Pub Zone states she did not know the Pagan gang was going to attack Mr. Kuehn.
What did the trial court conclude?
The trial court concluded that Pub Zone owed Mr. Kuehn nothing. Pub Zone owner could not have foreseen the attack.
What did the appellate court decide?
The appellate court reversed the trail court and reinstated the jury’s verdict. Mr. Kuehn was awarded $300,000 in damages.
Why did the court decide that Pub Zone had a duty?
The court decided that Pub Zone had a duty because the owner was aware the Pagan gang members had a history of violence, she prohibited members from wearing gang colors but allowed them to enter the Pub Zone and be served a drink.
What should Pub Zone have done to satisfy its duty?
Pub Zone should have refused to serve the Pagan gang members while wearing their colors. If the members had left Pub Zone and returned without the biker colors on then Pub Zone might not have been responsible for the attack.
As between the Pagans and Kuehn, what criminal charges might arise from these facts?
The Pagans could be charged with several felony charges. Those charges could be assault and battery high aggravated nature, or attempted murder because Mr. Kuehn