Maria duty to protect Kuehn from the attack. Kuehn

Maria Kerkoulas owned a bar called the Pub Zone. The area in which it was located was home to frequent motorcycle gangs who would gather together and attack customers randomly. From experience, Kerkoulas noticed that when gangs wore their “colors” they were more likely to attack, so she posted a sign not allowing motorcycle gangs, such as the Pagans, Rhino’s and Backdraft from entering her bar while wearing those colors. If they so happen to show up wearing those colors, she was expected to call the police right away. It started off like this, the gangs that were mentioned before, the Pagans, Rhino’s and Backdraft, all showed up to the Pub Zone wearing their colors. They pushed past the bouncer and went straight to the bar. Kerkoulas allowed them to stay for one drink even though she saw their colors. A little bit later, the gangs ended up going to the back of the bar. Kerkoulas thought they were leaving, but in reality they followed a customer named Karl Kuehn into the bathroom and severely beat him for no reason. He was knocked unconscious and suffered major damages such as brain hemorrhaging, disc herniation and fractures of many of his facial bones, this lead him to undergo many surgeries. Kuehn ended up sueing the Pub Zone. Making Karl Kuehn the plaintiff and the the Pub Zone the defendant. The jury awarded Kuehn $300,000 in damages, but the trial court judge said that the bar owed nothing. The reasoning behind this was that Kerkoulas, the bar owner, couldn’t have known this was going to happen to Kuehn and had no duty to protect him. The evidence however shows that she went against her own sign and didn’t enforce her rule on the night this happened. The gangs were let in and the police were not called, the reasonable precautions to keep the customers safe were not taken and that led to the attack on Kuehn. From there, the jury’s decision was reinstated. The Pub Zone did have a duty to protect Kuehn from the attack. Kuehn lost the trial, but ended up winning on appeal.


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