Plaintiff claimed that he was attacked by a parton at our client’s bar, causing catastrophic injuries including brain hemorrhaging requiring surgery, facial fractures and memory loss. Plaintiff alleged that the patron who assaulted him was visibly intoxicated when he was served alcohol that night and that the bar failed to provide adequate security. We moved for summary judgment, arguing that there was no evidence that the patron was ever served alcohol at the bar, let alone was overserved and, thus there was no evidence that the bar violated the Dram Shop Act. We also argued that video capturing the assault established that it occurred off the bar’s premises and was a spontaneous event, which was not foreseeable. In its order of dismissal, the court noted that plaintiff failed to present any evidence to show that the bartenders on duty served alcohol to a “visibly intoxicated patron”, such that liability could be imposed. The court reviewed the video and agreed that the incident was not foreseeable where the patron snuck up from behind the bar’s security guards from the roadway and immediately struck the plaintiff, without warning.

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