Preview

Kuehn v. Pub Zone

Good Essays
Open Document
Open Document
363 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Kuehn v. Pub Zone
Kuehn v. Pub Zone

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

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    Rhino and Backdraft were 2 members of the motorcycle gang by the name of the “Pagans”. They were wearing their “colors” identifying them as members of the Pagans when they pushed their way past the bouncer, along with their other gang associates, into a bar called the Pub Zone. They entered despite the posted sign which clearly prohibited motorcycle gangs from entering the bar while wearing their “colors”. The sign was posted because the owner, Maria Karkoulas, was…

    • 885 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Court of Appeal confirmed the verdict of the trial court because the court denied financial compensation to Stephan Andres’ parents because of the lack of negligence by the spa pool itself.…

    • 406 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Procedure: Plaintiff Katko filed suit against Briney in Mahaska District Court seeking damages for injury suffered by defendant. After trial by jury and in accordance with jury verdict, Court awarded plaintiff actual and punitive damages. Court denied defendant’s motion for judgment notwithstanding the verdict and for new trial. Defendant appealed.…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Justin King Case Study

    • 686 Words
    • 3 Pages

    Plaintiff, by and through his attorney, requests that the defendant answer the following Interrogatories fully, under oath and in accordance with the Federal Rules of Criminal Procedure (FRCP), title V, Rule 33.…

    • 686 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Kelly V. Movie Theater

    • 1965 Words
    • 8 Pages

    “But for” the failure to warn of the water in front of the restroom sink in the girls restroom Kelly would not have slipped on a puddle of water and suffer a painful shoulder injury.…

    • 1965 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Although no solid evidence existed that Dennis or the other members of the group had any plans of violence,…

    • 462 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The article is about an eleven-year-old child, who was a member of the “Black Disciples gang” (J. Muller) that was ultimately murdered by members of his own gang. After committing several shootings and a murder for the benefit of the gang, he became a liability to the safety of the gang and it’s heirarchy. My issue is not with the article per say, but with the following statement.…

    • 759 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The chosen article reports on the comic book villains couple who involved in an open fire incident at a private swingers party will take legal action against police and seek for compensation for their loss. (Houston and Vedelago 2017)…

    • 303 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Russell, Wendy. “Injunction targets gang as a whole.” Street Gangs, 2004, August 23, 2008 .…

    • 2376 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    breaking the kapu would bring the anger of the gods on themselves and their community.…

    • 334 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Civil and criminal litigation are both legal cases deemed in the court of law and basically follow a relatively similar trial process. Therefore, in both criminal and civil litigation, individual or parties have come to the conclusion that a disagreement cannot be resolved amongst themselves…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Court System Paper

    • 1270 Words
    • 6 Pages

    Criminal court is defined as the place where offenders, those who have violated public laws, are tried before the judge and possibly a jury, receiving punishment. Crimes are either felonies or misdemeanors. Felonies are the crimes most often presented to society; murder, armed robbery, and terrorist acts. These violations are punishable by one year or more in prison or jail with fines, or both. In some cases like murder the perpetrator is given capital punishment or life incarceration. Misdemeanor offenses are also included with the felonies sentences, another piece of information not readily known by the public (The Superior Court of California County of Riverside, 2012).…

    • 1270 Words
    • 6 Pages
    Good Essays
  • Good Essays

    A Civil Injustice

    • 768 Words
    • 4 Pages

    This area in which the problem is taking place is a community that has adapted to the gangs and the persons that are breaking the law as a normal. The reason why the gang probably lasted as long as they did, because no one in the neighborhood wanted to get involved, probably out of fear, or just not wanting to get involved. However, with so much terror and crime in the neighborhood, the community started to work with the officers in the neighborhood. The police officers in the area however, did conduct investigations to see what was happening in the area, before they decided what was the best course of action that should be taken. After the initial reports where taken, it was determine that the “Civil Injunction Process” should be used and that was the best course of action.…

    • 768 Words
    • 4 Pages
    Good Essays
  • Better Essays

    what is crime

    • 929 Words
    • 4 Pages

    is fundamental in our legal system. A civil case has a life cycle entirely different from that…

    • 929 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Residents who live near the park are not at all surprised that such a horrible sin has taken place. They say that there has been a culture of street gangs in the area for years and that it is usually not at all safe to be out late at night because of these gang problems.…

    • 276 Words
    • 2 Pages
    Good Essays