Defense seeks summary judgment in case against Bourbon Street bar

By Alejandro de los Rios | Sep 30, 2010


Defense counsel for a Bourbon Street bar are seeking a summary judgment to dismiss claims against it in Orleans Parish Civil District Court, stating that the plaintiff is trying to sue the wrong company.

New Orleans resident Clayton Spears is suing Bourbon Nite-Life LLC, which owns the Razzoo Bar & Patio, over injuries he sustained from his involvement in a bar fight in January 2004. His suit claims he was thrown out of the bar by Razzoo's bouncers because of the incident.

New Orleans attorney Henry Vogt III filed the original petition for damages in January 2005.

The lawsuit claims Spears "sat quietly and peacefully at one of the bars talking with a relative" when he was attacked by another patron. Bouncers then allegedly restrained Spears, threw him into a wall and knocked him unconscious.

New Orleans attorney Steven Witman is representing Bourbon Nite-Life in this case. In its defense, Bourbon Nite-Life claims Spears was "taking prescription medication and drinking alcohol" and he was intimidating and harassing other patrons at the bar before the incident.

In July, Witman filed a motion for summary judgment to dismiss all claims against the defendants. Defense counsel argues that "Bourbon Nite-Life, LLC had no duties or responsibilities to manage Razzoo" and that the bar was owned an operated by Bourbon Enterprises Inc.

The plaintiffs had originally named Gaetanna Tammetta as a defendant when it was alleged that she was the Razzoo's manager and present during the incident. Plaintiffs later voluntarily dismissed their claims against Tammetta.

Orleans Parish Judge Sidney Cates will hear arguments on this motion October 8.

Orleans Parish Case 2005-00232

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