Reference no: EM131094325

Case Summary Kuehn v. Pub Zone

Analyzing a Case

Case Summary: Kuehn v. Pub Zone[1]

Facts: Maria Kerkoulas owned the Pub Zone bar, frequented by many motorcycle gangs, and knew from her own experience and conversations with police that some of the gangs, including the Pagans, were dangerous and prone to attack customers for no reason. Kerkoulas posted a sign prohibiting any motorcycle gangs from entering the bar while wearing "colors," that is, gang insignia. Based on her experience, she believed that gangs without their colors were less prone to violence.

Rhino, Backdraft, and several other Pagans pushed past the bouncer wearing colors and approached the bar. Although she saw their colors, Kerkoulas served them one drink. They later moved towards the back of the pub, and Kerkoulas believed they were departing. In fact, they followed a customer named Karl Kuehn to the men's room, where without any provocation they savagely beat him, causing serious injuries.

Kuehn sued the Pub Zone. The jury awarded him $300,000 in damages. The trial court judge overruled the jury's verdict and granted judgment for the Pub Zone, meaning that the tavern owed nothing. The judge ruled that the pub's owner could not have foreseen the attack on Kuehn, and had no duty to protect him from an outlaw motorcycle gang. Kuehn appealed.

Issue: Did the Pub Zone have a duty to protect Kuehn from the Pagans' attack?

Holding: Yes. Whether a duty exists depends upon an evaluation of a number of factors including the nature of the underlying risk of harm, the opportunity and ability to exercise care to prevent the harm, the comparative interests of, and the relationships between or among the parties, and, based on considerations of public policy and fairness, the societal interest in the proposed solution.

Since the possessor [of a business] is not an insurer of the visitor's safety, he is ordinarily under no duty to exercise any care until he knows or has reason to know that the acts of the third person are occurring, or are about to occur. He may, however, know or have reason to know, from past experience, that there is a likelihood of conduct on the part of third persons in general which is likely to endanger the safety of the visitor, even though he has no reason to expect it on the part of any particular individual.

The totality of the circumstances presented in this case give rise to a duty on the part of the Pub Zone to have taken reasonable precautions against the danger posed by the Pagans as a group. There was no reason to suspect any particular Pagan of violent conduct, but Kerkoulas knew the gang collectively had engaged in random violence. Thus, Kerkoulas had knowledge, as the result of past experience and from other sources, that there was a likelihood of conduct on the part of third persons in general that was likely to endanger the safety of a patron at some unspecified future time. A duty to take precautions against the endangering conduct thus arose.

Answer these nine questions after reviewing the case. Please make sure you give reasons for your answers and in memo format.

1 Question: What kind of case is this, civil or criminal?

2 Question: What is the difference?

3 Question: Who is the plaintiff and who the defendant?

4 Question: What is the key issue in this civil suit?

5 Question: Why does Pub Zone claim it had no duty to Kuehn?

6 Question: What did the trial court conclude?

7 Question: What did the appellate court decide?

8 Question: Why did the court decide that Pub Zone had a duty?

9 Question: What should Pub Zone have done to satisfy its duty?