case id: 120903475files.courthousenews.com/2012/10/03/penthouse club.pdf · 2012. 10. 3. · 1....
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SHERIDAN & MURRAY, LLC BY: NEIL T. MURRAY, ESQUIRE Identification No. 53646 Attorney for Plaintiff 1600 Market Street, Suite 2500 Philadelphia, PA 19103 (215) 977-9500 [email protected] PATRICK GALLAGHER 298 Cricklewood Circle Lansdale, PA 19446 v. 3001 CASTOR INC, individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and 3001 CASTOR PROPERTIES, LLC, individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and ABCDE PENNSYLVANIA MANAGEMENT, L.L.C., individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and THE PENTHOUSE CLUB 3001 Castor Avenue Philadelphia, PA 19134
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COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PA SEPTEMBER TERM, 2012 NO. MAJOR – JURY TRIAL DEMANDED
Case ID: 120903475
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COMPLAINT
1. Plaintiff, Patrick Gallagher (hereinafter referred to as Plaintiff), is an adult citizen
of the Commonwealth of Pennsylvania residing at 298 Cricklewood Circle, Lansdale, PA
19446.
2. Defendant, 3001 Castor Inc, individually and d/b/a t/a The Penthouse Club and
Penthouse Club @ Philly, (hereinafter Defendant Castor), is a corporation and/or business
entity organized and existing under the laws of the Commonwealth of Pennsylvania, licensed
and/or registered to do business in the Commonwealth of Pennsylvania, with a place of
business at 3001 Castor Avenue, Philadelphia, PA 19134, and at all time material and relevant
hereto regularly conducted business at this address in Philadelphia County, Pennsylvania.
3. At all times material and relevant hereto, Defendant Castor owned, operated,
possessed, controlled and/or managed The Penthouse Club located at 3001 Castor Avenue,
Philadelphia, PA 19134.
4. Defendant, 3001 Castor Properties, LLC, individually and d/b/a t/a The
Penthouse Club and Penthouse Club @ Philly, (hereinafter Defendant Castor Properties) is a
corporation and/or business entity organized and existing under the laws of the
Commonwealth of Pennsylvania, licensed and/or registered to do business in the
Commonwealth of Pennsylvania, with a place of business at 3001 Castor Avenue,
Philadelphia, PA 19134, and at all time material and relevant hereto regularly conducted
business at this address in Philadelphia County, Pennsylvania.
5. At all times material and relevant hereto, Defendant Castor Properties owned,
operated, possessed, controlled and/or managed The Penthouse Club located at 3001 Castor
Avenue, Philadelphia, PA 19134.
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6. Defendant, ABCDE Pennsylvania Management, L.L.C. , individually and d/b/a t/a
The Penthouse Club and Penthouse Club @ Philly, (hereinafter Defendant ABCDE) is a
corporation and/or business entity organized and existing under the laws of the
Commonwealth of Pennsylvania, licensed and/or registered to do business in the
Commonwealth of Pennsylvania, with a place of business at 3001 Castor Avenue,
Philadelphia, PA 19134, and at all time material and relevant hereto regularly conducted
business at this address in Philadelphia County, Pennsylvania.
7. At all times material and relevant hereto, Defendant ABCDE owned, operated,
possessed, controlled and/or managed The Penthouse Club located at 3001 Castor Avenue,
Philadelphia, PA 19134.
8. Defendant, The Penthouse Club (hereinafter Defendant Penthouse) is a
corporation and/or business entity organized and existing under the laws of the
Commonwealth of Pennsylvania, licensed and/or registered to do business in the
Commonwealth of Pennsylvania, with a place of business at 3001 Castor Avenue,
Philadelphia, PA 19134, and at all time material and relevant hereto regularly conducted
business at this address in Philadelphia County, Pennsylvania.
9. At all times material and relevant hereto, Defendant Penthouse owned, operated,
possessed, controlled and/or managed The Penthouse Club located at 3001 Castor Avenue,
Philadelphia, PA 19134.
10. At all times material and relevant hereto, Defendants Castor, Castor Properties,
ABCDE and/or Penthouse had dancers and/or entertainers who were employees, agents
and/or ostensible agents of Defendants present at The Penthouse Club.
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11. At all times material and relevant hereto, the dancers and/or entertainers at The
Penthouse Club were working at The Penthouse Club under the supervision and direction of
Defendants Castor, Castor Properties, ABCDE and/or The Penthouse Club (hereinafter
referred to as Defendants).
12. At all times material hereto, Defendants acted through their agents, servants,
representatives, and/or employees, including dancers and entertainers, who were acting within
the course and scope of their agency and/or employment by said Defendants.
13. Upon information and belief and at all times material hereto, Defendants were
acting by and through their duly authorized agents, servants, representatives, and/or
employees, disclosed and undisclosed, who acted at the direction of said Defendants, and
within the scope of their authority and within the course of their employment.
14. Upon information and belief and at all times material hereto, Defendants
employed dancers and/or entertainers in the course of conducting business at The Penthouse
Club.
15. Upon information and belief and at all times material hereto, on November 20,
2010 and/or the early morning hours of November 21, 2010, Plaintiff was a business invitee,
customer, guest and/or patron of said Defendants at The Penthouse Club.
16. At all times material hereto, on November 20, 2010 and/or the early morning
hours of November 21, 2010, dancers and/or entertainers were working at The Penthouse
Club while Plaintiff was a business invitee, guest and/or patron at The Penthouse Club.
17. On or about the late evening of November 20, 2010 or in the early morning hours
of November 21, 2010, a dancer and/or entertainer who was an employee, agent, and/or
ostensible agent of the Defendants, negligently and carelessly slammed her body against
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Plaintiff’s body with such force as to cause significant injuries to Plaintiff as described later in
this Complaint.
18. On or about the late evening of November 20, 2010 or in the early morning hours
of November 21, 2010, a dancer and/or entertainer who was an employee, agent, and/or
ostensible agent of the Defendants, negligently and carelessly slid down a pole on a stage
from a great height and slammed her body on top of Plaintiff, who was lying on the ground,
with such force that it caused significant injuries to Plaintiff as described later in this Complaint.
19. At the time the dancer and/or entertainer slammed her body on top of Plaintiff’s
body, she was acting as an employee, agent, and/or ostensible agent of the Defendants, and
acting under the supervision and direction of Defendants.
20. Plaintiff is not aware of the identity of the dancer and/or entertainer that injured
him at The Penthouse Club and only knows her to be a black female (hereinafter referred to as
Dancer 1). The Defendants are in possession of Dancer 1’s name and other identifying
information.
21. At all times material hereto, Defendants acted directly and/or by and though
their agents, employees, ostensible agents, servants, workman, and other representatives,
including dancers and entertainers, who were acting within the scope of their employment
and/or authority.
22. At all times relevant and material hereto, Defendants directly and/or by and
through their duly authorized agents, servants, representatives, and/or employees, employed,
controlled, supervised and/or possessed dancers and/or entertainers, including Dancer 1, at
The Penthouse Club.
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23. At all times relevant hereto, including on November 20, 2010 and November 21,
2010, dancers and/or entertainers for The Penthouse Club, including Dancer 1, were provided
by Defendants directly and/or by and through their agents, employees, ostensible agents,
servants, workmen, and/or representatives.
24. Prior to November 20, 2010, upon information and belief, Defendants were
aware and/or reasonably should have been aware that their dancers and/or entertainers
engaged in a pattern of conduct with patrons at The Penthouse Club that caused and/or could
cause physical injury to patrons.
25. As a direct and proximate result of the acts and omissions of the Defendants,
including their dancers and/or entertainers, Plaintiff suffered significant personal injuries and
damages described later in this Complaint.
26. Upon information and belief and at all times relevant hereto, Defendants directly
and/or by and through their agents, employees, ostensible agents, servants, workmen, and/or
provided all employee selection, training, oversight and supervision for their dancers and/or
entertainers at The Penthouse Club, including those that were on duty on November 20, 2010
and November 21, 2010.
27. Upon information and belief, Defendants, directly and/or by and through their
agents, employees, ostensible agents, servants, workmen, and/or representatives undertook a
duty to provide a safe environment and protect their customers, guests and business invitees
on their premises from harm and injury in order to provide such customers and invitees, such
as Plaintiff, with a safe environment.
28. Upon information and belief, Defendants, directly and/or by and through their
agents, employees, ostensible agents, servants, workmen, and/or representatives failed to
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undertake this duty to protect their customers and invitees on the premises from harm and injury
with reasonable care, resulting in Plaintiff’s injuries. Had Defendants, exercised reasonable care
in the protection of their customers and invitees, such as Plaintiff, Plaintiff would not have
sustained the injuries and damages as set forth herein.
29. Upon information and belief, before Dancer 1 harmed and injured Plaintiff,
Defendants were aware or, through reasonable diligence, should have been aware that
dancers and/or entertainers had engaged in incidences of conduct towards customers and
invitees at The Penthouse Club that had injured and/or were likely to injure customers and
invitees, and aware of the need to protect their customers and patrons, such as Plaintiff, from
being harmed or injured while at The Penthouse Club.
30. Upon information and belief, Defendants knew and/or should have known that the
conduct of the dancers and/or entertainers at The Penthouse Club could and would cause injury
to their customers and invitees, such as Plaintiff in this case, and thereby created a duty to
protect such customers by providing diligent and proper training, supervision, and oversight of the
dancers and/or entertainers, including Dancer 1, to ensure their safety of the customers and
invitees.
31. Defendants, directly and/or by and through their agents, employees, ostensible
agents, servants, workmen, and/or representatives breached their duty of care to properly train,
supervise and oversee the dancers and/or entertainers, including Dancer 1, at The Penthouse
Club to prevent the dancers and/or entertainers from engaging in conduct that would cause harm
or injury to customers and invites such as Plaintiff.
32. Defendants, directly and/or by and through their agents, employees, ostensible
agents, servants, workmen, and/or representatives negligently and carelessly failed to monitor,
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supervise and oversee the conduct of the dancers and/or entertainers, including Dancer 1, at
The Penthouse Club to prevent the dancers and/or entertainers from causing harm or injury to
customers and invites such as Plaintiff.
33. Defendants’ failure to carry out their duties to protect their customers and invitees at
The Penthouse Club, particularly Plaintiff, increased the risk that Plaintiff would be harmed or
injured by the dancers and/or entertainers.
34. Defendants failure to carry out their duty to protect their customers and invitees that
resulted in Plaintiff’s harm and injuries, occurred, in part, through the acts and omissions of
Defendants’ employees, servants, ostensible agents, and/or agents, including Dancer 1, who
were acting within the scope of their employment and/or agency at the time Plaintiff was harmed
and injured.
35. Defendants, directly and/or by and through their agents, employees, ostensible
agents, servants, workmen, and/or representatives were at all times responsible for the
maintenance, operation, and safety of The Penthouse Club, and knew, or in the exercise of
reasonable care, should have known of the dangerous conduct that the dancers and/or
entertainers were exhibiting toward Plaintiff at The Penthouse Club on November 20, 2010 and/or
November 21, 2010, prior to the time that Dancer 1 caused harm and injury to Plaintiff.
36. Defendants directly and/or by and through their agents, employees, ostensible
agents, servants, workmen, and/or representatives were at all times responsible for the
maintenance, control, and safety of security of the Penthouse Club on November 20, 2010 and/or
November 21, 2010.
37. At all times relevant hereto, Defendants directly and/or by and through their
agents, employees, ostensible agents, servants, workmen, and/or representatives, were aware
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and/or should have been aware that Dancer 1 was engaging in dangerous and harmful conduct
toward Plaintiff on November 20, 2010 and/or November 21, 2010, and failed to prevent Dancer 1
from harming and injuring Plaintiff.
38. At all times relevant hereto, Defendants directly and/or by and through their
agents, employees, ostensible agents, servants, workmen, and/or representatives, were aware
and/or should have been aware that Dancer 1 was engaging in dangerous and harmful conduct
toward Plaintiff on November 20, 2010 and/or November 21, 2010, and failed to warn Plaintiff of
the dangerous and harmful conduct, and failed to protect Plaintiff from this foreseeable harm.
39. Defendants are vicariously liable for the negligent, harmful and dangerous conduct
of the dancers and/or entertainers, including Dancer 1, towards Plaintiff at The Penthouse Club
on November 20, 2010 and/or November 21, 2010.
40. All Defendants are jointly and/or severally liable to the Plaintiff.
COUNT I - NEGLIGENCE
PATRICK GALLAGHER V. 3001 CASTOR INC
41. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
40 as though the same were set forth fully herein.
42. On or about November 20, 2010 and/or November 21, 2010, Plaintiff was a
patron, guest and/or business invitee at The Penthouse Club in Philadelphia, Pennsylvania.
43. On or about November 20, 2010 and/or November 21, 2010, Dancer 1
negligently and carelessly slammed her body on top of Plaintiff as previously described in this
Complaint causing significant injuries to Plaintiff.
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44. At all times material hereto, Defendant 3001 Castor Inc, owned, operated,
maintained, cared for, and/or controlled the property and premises known as The Penthouse
Club at 3001 Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with
reasonable care in a non-negligent manner to protect its customers and invitees on its
premises from dangerous and hazardous conditions and failed to fulfill that duty.
45. At all times material and relevant hereto, and on November 20, 2010 and
November 21, 2010, the negligence and carelessness of Defendants, individually and each of
them, directly and/or by and through their agents, servants, workmen, representatives, and/or
employees, consisted of the following:
a. failing to provide a safe environment for its customers and invitees at The
Penthouse Club;
b. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers from engaging in dangerous and harmful conduct
towards its customers and invitees;
c. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers, including Dancer 1, from engaging in dangerous and
harmful conduct toward Plaintiff and to prevent Dancer 1 from harming
and injuring Plaintiff;
d. failing to adopt and implement appropriate policies and procedures
regarding protection of customers and business invitees on its premises;
e. failing to adequately enforce Defendants’ own policies and procedures
regarding safety and protection of customers and invitees on Defendants’
premises;
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f. failing to properly and adequately select dancers and/or entertainers,
including Dancer 1;
g. failing to properly and adequately train and/or retrain dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and dangerous conduct towards customers and invitees, including
slamming their bodies from a great height on customers and invitees;
h. failing to properly monitor, supervise and/or oversee dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and/or dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
i. failing to implement adequate policies and procedures to prevent dancers
and/or entertainers, including Dancer 1, engaging in harmful and/or
dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
j. failing to properly and adequately respond to the harmful and dangerous
conduct that the dancers and/or entertainers, including Dancer 1, were
exhibiting towards Plaintiff before he was injured;
k. failing prevent harm and injury to Plaintiff when Defendants were aware
and/or should have been aware that Dancer 1 was engaging in dangerous
and harmful conduct toward Plaintiff and failed to prevent Dancer 1 from
harming and injuring Plaintiff.
l. failing to utilize personnel to prevent the dancers and/or entertainers,
including Dancer 1, from harming and injuring Plaintiff; and
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m. failing to exercise due care under the circumstances;
46. Defendants’ acts and omissions set forth above constitute a failure to exercise
reasonable and ordinary care under the circumstances presented.
47. As a direct and proximate result of Defendants’ negligence and carelessness, as
set forth above, Plaintiff has suffered various physical injuries, including but not limited to, a
ruptured bladder and injury to the femoral cutaneous nerve.
48. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been required to undergo medical treatment to affect a cure for the
injuries sustained including surgery, and may continue to require medical care and/or
treatment in the future.
49. As a direct and proximate result of the negligence and carelessness of the
defendants, Plaintiff has been compelled to expend money for medicine and medical care and
may be required to expend additional money for the same purposes in the future.
50. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been prevented, and may be prevented in the future, from engaging
in his usual activities, avocations, occupations, and/or lifestyles, all to his great personal and/or
financial loss.
51. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has suffered, and may continue to suffer in the future, great physical pain,
discomfort, trauma, humiliation, anxiety, and/or mental anguish
52. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has incurred medical expenses and other financial losses.
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WHEREFORE, Plaintiff, Patrick Gallagher claims of the Defendants, and each of them,
damages in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of costs and interests and
other damages to be awarded by this court.
COUNT II – NEGLIGENCE
PATRICK GALLAGHER V. 3001 CASTOR PROPERTIES LLC
53. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
52 as though the same were set forth fully herein.
54. On or about November 20, 2010 and/or November 21, 2010, Plaintiff was a
patron, guest and/or business invitee at The Penthouse Club in Philadelphia, Pennsylvania.
55. On or about November 20, 2010 and/or November 21, 2010, Dancer 1
negligently and carelessly slammed her body on top of Plaintiff as previously described in this
Complaint causing significant injuries to Plaintiff.
56. At all times material hereto, Defendant Castor Properties owned, operated,
maintained, cared for, and/or controlled the property and premises known as The Penthouse
Club at 3001 Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with
reasonable care in a non-negligent manner to protect its customers and invitees on its
premises from dangerous and hazardous conditions and failed to fulfill that duty.
57. At all times material and relevant hereto, and on November 20, 2010 and
November 21, 2010, the negligence and carelessness of Defendants, individually and each of
them, directly and/or by and through their agents, servants, workmen, representatives, and/or
employees, consisted of the following:
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a. failing to provide a safe environment for its customers and invitees at The
Penthouse Club;
b. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers from engaging in dangerous and harmful conduct
towards its customers and invitees;
c. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers, including Dancer 1, from engaging in dangerous and
harmful conduct toward Plaintiff and to prevent Dancer 1 from harming
and injuring Plaintiff;
d. failing to adopt and implement appropriate policies and procedures
regarding protection of customers and business invitees on its premises;
e. failing to adequately enforce Defendants’ own policies and procedures
regarding safety and protection of customers and invitees on Defendants’
premises;
f. failing to properly and adequately select dancers and/or entertainers,
including Dancer 1;
g. failing to properly and adequately train and/or retrain dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and dangerous conduct towards customers and invitees, including
slamming their bodies from a great height on customers and invitees;
h. failing to properly monitor, supervise and/or oversee dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
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and/or dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
i. failing to implement adequate policies and procedures to prevent dancers
and/or entertainers, including Dancer 1, engaging in harmful and/or
dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
j. failing to properly and adequately respond to the harmful and dangerous
conduct that the dancers and/or entertainers, including Dancer 1, were
exhibiting towards Plaintiff before he was injured;
k. failing prevent harm and injury to Plaintiff when Defendants were aware
and/or should have been aware that Dancer 1 was engaging in dangerous
and harmful conduct toward Plaintiff and failed to prevent Dancer 1 from
harming and injuring Plaintiff.
l. failing to utilize personnel to prevent the dancers and/or entertainers,
including Dancer 1, from harming and injuring Plaintiff; and
m. failing to exercise due care under the circumstances;
58. Defendants’ acts and omissions set forth above constitute a failure to exercise
reasonable and ordinary care under the circumstances presented.
59. As a direct and proximate result of Defendants’ negligence and carelessness, as
set forth above, Plaintiff has suffered various physical injuries, including but not limited to, a
ruptured bladder and injury to the femoral cutaneous nerve.
60. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been required to undergo medical treatment to affect a cure for the
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injuries sustained including surgery, and may continue to require medical care and/or
treatment in the future.
61. As a direct and proximate result of the negligence and carelessness of the
defendants, Plaintiff has been compelled to expend money for medicine and medical care and
may be required to expend additional money for the same purposes in the future.
62. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been prevented, and may be prevented in the future, from engaging
in his usual activities, avocations, occupations, and/or lifestyles, all to his great personal and/or
financial loss.
63. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has suffered, and may continue to suffer in the future, great physical pain,
discomfort, trauma, humiliation, anxiety, and/or mental anguish
64. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has incurred medical expenses and other financial losses.
WHEREFORE, Plaintiff, Patrick Gallagher claims of the Defendants, and each of them,
damages in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of costs and interests and
other damages to be awarded by this court.
COUNT III – NEGLIGENCE
PATRICK GALLAGHER V. ABCDE PENNSYLVANIA MANAGEMENT, L.L.C.
65. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
64 as though the same were set forth fully herein.
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66. On or about November 20, 2010 and/or November 21, 2010, Plaintiff was a
patron, guest and/or business invitee at The Penthouse Club in Philadelphia, Pennsylvania.
67. On or about November 20, 2010 and/or November 21, 2010, Dancer 1
negligently and carelessly slammed her body on top of Plaintiff as previously described in this
Complaint causing significant injuries to Plaintiff.
68. At all times material hereto, Defendant ABCDE owned, operated, maintained,
cared for, and/or controlled the property and premises known as The Penthouse Club at 3001
Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with reasonable
care in a non-negligent manner to protect its customers and invitees on its premises from
dangerous and hazardous conditions and failed to fulfill that duty.
69. At all times material and relevant hereto, and on November 20, 2010 and
November 21, 2010, the negligence and carelessness of Defendants, individually and each of
them, directly and/or by and through their agents, servants, workmen, representatives, and/or
employees, consisted of the following:
a. failing to provide a safe environment for its customers and invitees at The
Penthouse Club;
b. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers from engaging in dangerous and harmful conduct
towards its customers and invitees;
c. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers, including Dancer 1, from engaging in dangerous and
harmful conduct toward Plaintiff and to prevent Dancer 1 from harming
and injuring Plaintiff;
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d. failing to adopt and implement appropriate policies and procedures
regarding protection of customers and business invitees on its premises;
e. failing to adequately enforce Defendants’ own policies and procedures
regarding safety and protection of customers and invitees on Defendants’
premises;
f. failing to properly and adequately select dancers and/or entertainers,
including Dancer 1;
g. failing to properly and adequately train and/or retrain dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and dangerous conduct towards customers and invitees, including
slamming their bodies from a great height on customers and invitees;
h. failing to properly monitor, supervise and/or oversee dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and/or dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
i. failing to implement adequate policies and procedures to prevent dancers
and/or entertainers, including Dancer 1, engaging in harmful and/or
dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
j. failing to properly and adequately respond to the harmful and dangerous
conduct that the dancers and/or entertainers, including Dancer 1, were
exhibiting towards Plaintiff before he was injured;
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k. failing prevent harm and injury to Plaintiff when Defendants were aware
and/or should have been aware that Dancer 1 was engaging in dangerous
and harmful conduct toward Plaintiff and failed to prevent Dancer 1 from
harming and injuring Plaintiff.
l. failing to utilize personnel to prevent the dancers and/or entertainers,
including Dancer 1, from harming and injuring Plaintiff; and
m. failing to exercise due care under the circumstances;
70. Defendants’ acts and omissions set forth above constitute a failure to exercise
reasonable and ordinary care under the circumstances presented.
71. As a direct and proximate result of Defendants’ negligence and carelessness, as
set forth above, Plaintiff has suffered various physical injuries, including but not limited to, a
ruptured bladder and injury to the femoral cutaneous nerve.
72. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been required to undergo medical treatment to affect a cure for the
injuries sustained including surgery, and may continue to require medical care and/or
treatment in the future.
73. As a direct and proximate result of the negligence and carelessness of the
defendants, Plaintiff has been compelled to expend money for medicine and medical care and
may be required to expend additional money for the same purposes in the future.
74. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been prevented, and may be prevented in the future, from engaging
in his usual activities, avocations, occupations, and/or lifestyles, all to his great personal and/or
financial loss.
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75. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has suffered, and may continue to suffer in the future, great physical pain,
discomfort, trauma, humiliation, anxiety, and/or mental anguish
76. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has incurred medical expenses and other financial losses.
WHEREFORE, Plaintiff, Patrick Gallagher claims of the Defendants, and each of them,
damages in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of costs and interests and
other damages to be awarded by this court.
COUNT IV – NEGLIGENCE
PATRICK GALLAGHER V. THE PENTHOUSE CLUB
77. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through
76 as though the same were set forth fully herein.
78. On or about November 20, 2010 and/or November 21, 2010, Plaintiff was a
patron, guest and/or business invitee at The Penthouse Club in Philadelphia, Pennsylvania.
79. On or about November 20, 2010 and/or November 21, 2010, Dancer 1
negligently and carelessly slammed her body on top of Plaintiff as previously described in this
Complaint causing significant injuries to Plaintiff.
80. At all times material hereto, Defendant Penthouse owned, operated, maintained,
cared for, and/or controlled the property and premises known as The Penthouse Club at 3001
Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with reasonable
care in a non-negligent manner to protect its customers and invitees on its premises from
dangerous and hazardous conditions and failed to fulfill that duty.
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81. At all times material and relevant hereto, and on November 20, 2010 and
November 21, 2010, the negligence and carelessness of Defendants, individually and each of
them, directly and/or by and through their agents, servants, workmen, representatives, and/or
employees, consisted of the following:
a. failing to provide a safe environment for its customers and invitees at The
Penthouse Club;
b. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers from engaging in dangerous and harmful conduct
towards its customers and invitees;
c. failing to have adequate staff at The Penthouse Club to prevent dancers
and/or entertainers, including Dancer 1, from engaging in dangerous and
harmful conduct toward Plaintiff and to prevent Dancer 1 from harming
and injuring Plaintiff;
d. failing to adopt and implement appropriate policies and procedures
regarding protection of customers and business invitees on its premises;
e. failing to adequately enforce Defendants’ own policies and procedures
regarding safety and protection of customers and invitees on Defendants’
premises;
f. failing to properly and adequately select dancers and/or entertainers,
including Dancer 1;
g. failing to properly and adequately train and/or retrain dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
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and dangerous conduct towards customers and invitees, including
slamming their bodies from a great height on customers and invitees;
h. failing to properly monitor, supervise and/or oversee dancers and/or
entertainers, including Dancer 1, to prevent them from engaging in harmful
and/or dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
i. failing to implement adequate policies and procedures to prevent dancers
and/or entertainers, including Dancer 1, engaging in harmful and/or
dangerous conduct toward the customers and invitees, including
slamming their bodies from a great height on customers and invitees;
j. failing to properly and adequately respond to the harmful and dangerous
conduct that the dancers and/or entertainers, including Dancer 1, were
exhibiting towards Plaintiff before he was injured;
k. failing prevent harm and injury to Plaintiff when Defendants were aware
and/or should have been aware that Dancer 1 was engaging in dangerous
and harmful conduct toward Plaintiff and failed to prevent Dancer 1 from
harming and injuring Plaintiff.
l. failing to utilize personnel to prevent the dancers and/or entertainers,
including Dancer 1, from harming and injuring Plaintiff; and
m. failing to exercise due care under the circumstances;
82. Defendants’ acts and omissions set forth above constitute a failure to exercise
reasonable and ordinary care under the circumstances presented.
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83. As a direct and proximate result of Defendants’ negligence and carelessness, as
set forth above, Plaintiff has suffered various physical injuries, including but not limited to, a
ruptured bladder and injury to the femoral cutaneous nerve.
84. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been required to undergo medical treatment to affect a cure for the
injuries sustained including surgery, and may continue to require medical care and/or
treatment in the future.
85. As a direct and proximate result of the negligence and carelessness of the
defendants, Plaintiff has been compelled to expend money for medicine and medical care and
may be required to expend additional money for the same purposes in the future.
86. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has been prevented, and may be prevented in the future, from engaging
in his usual activities, avocations, occupations, and/or lifestyles, all to his great personal and/or
financial loss.
87. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has suffered, and may continue to suffer in the future, great physical pain,
discomfort, trauma, humiliation, anxiety, and/or mental anguish
88. As a direct and proximate result of the negligence and carelessness of the
Defendants, Plaintiff has incurred medical expenses and other financial losses.
WHEREFORE, Plaintiff, Patrick Gallagher claims of the Defendants, and each of them,
damages in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of costs and interests and
other damages to be awarded by this court.
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SHERIDAN & MURRAY, LLC BY: s/ Neil T. Murray NEIL T. MURRAY, ESQUIRE Attorney for Plaintiff Date:
Case ID: 120903475
ashortTypewritten TextSeptember 28, 2012
SHERIDAN & MURRAY, LLCNEIL T. MURRAY, ESQUIREGallagher.pdfSHERIDAN & MURRAY, LLC