Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case.
Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitality and lifestyle company with nightlife and restaurant venues, in addition to other celebrity defendants. Plaintiffs were the victims of a shooting that occurred by an unknown individual(s) outside and near the restaurant/venue owned by BWB&O’s clients.
Plaintiffs alleged it was BWB&O’s clients that were responsible for the third parties’ criminal acts because BWB&O’s clients attracted more people than the venue’s capacity, causing people to occupy the street, sidewalk, and property nearby. Plaintiffs further alleged that BWB&O’s client should have anticipated or known that criminal conduct, including gun violence, would take place.
BWB&O attacked the legal basis for the claims and filed several demurrers to Plaintiffs’ pleadings. The Court sustained each demurrer agreeing that the third parties’ gun violence outside the venue was not foreseeable to BWB&O’s clients as no prior shootings had occurred to place them on notice that such criminal conduct would occur.
Additionally, the Court agreed Plaintiffs’ allegations regarding BWB&O’s clients creating a public nuisance were insufficient to survive the demurrer stage, as Plaintiffs could not establish overcrowding and obstructing the public streets was specifically injurious to Plaintiffs.
The Court sustained BWB&O’s Demurrer without leave to amend, resulting in a judgment in favor of BWB&O’s client at the pleading stage!
Please join us in congratulating Jeremy, Courtney, and Joseph on this excellent result!