Bencivenga v. J.J.A.M.M., Inc.

Case brief summary

Facts

A young man was punched in the face by an unidentified fellow patron at a club while the club's hired security guards watched but did nothing to stop it or help afterward.

Procedural history

The trial court denied the club's request to split fault among the club, the patron, and the unknown attacker. The jury awarded $40,000, and both sides appealed.

Issue

Should the jury have been told to assign a percentage of blame to an unknown, never-identified attacker when deciding how much the club owed the injured patron?

Holding

The court held fault cannot be given to an unidentified attacker who was never officially added to the case, and upheld the lower court's ruling.

Reasoning

The law only lets fault be split among actual parties in the lawsuit. An unnamed attacker becomes a party only once properly identified and served, and businesses should bear this burden.

Opinions

Majority (Muir): The court held that fault for injuries can only be divided among people actually named and served in the lawsuit, not an unidentified attacker, and upheld the award to the injured patron.