A bouncer at a popular Key West bar is suing former Backstreet Boy Nick Carter after the pop star allegedly attacked staffers and tried to choke the plaintiff for kicking him and his friend out of the establishment for being unruly and disrespectful.
According to The Daily Mail, the bouncer claims the singer physically assaulted him while he was escorting the pair out of the bar, Hog’s Breath Saloon. This was after he reportedly attempted to headbutt the manager of the bar after the staff refused to serve him or his friend any drinks, as they had arrived inebriated. He allegedly became irate and refused to leave after being asked to do so 10 times, staffers said.
Carter, who was recently the runner-up on the popular show, “Dancing With the Stars,” reportedly apologized for his actions, saying he was finding it difficult to “balance a healthy lifestyle” and he is “not perfect.” At the scene, where he was arrested for misdemeanor battery, Carter reportedly told the officers staff at the bar, “acted like Navy Seals.”
The Florida personal injury lawsuit alleges Carter, a 25-year-old expectant father, “violently attacked” the 21-year-old plaintiff outside the bar after he was ejected, resulting in bodily injury, mental anguish, pain and suffering.
Plaintiff scoffed at Carter’s tweeted apology, which an attorney called, “a crude attempt to control public relations.” He noted Carter had not expressed any remorse for the harm he had caused. The attorney further indicated he would be seeking punitive damages against Carter on his client’s behalf.
This case is somewhat unusual for a couple of reasons. Of course, the first is that the defendant is famous. But beyond that, it’s because the defendant is wealthy.
In cases where a person has suffered harm due to a violent criminal attack, the injured person has a right to seek compensation for those injuries through the civil justice system. Unfortunately, most insurance companies won’t cover damages when the injuries were inflicted intentionally by an insured. So even if Carter had an umbrella insurance policy, the company would probably fight hard not to pay and they’d likely have a strong case for it.
The other option a person might have is to analyze the role of the property owner/ controller. This would be a premises liability action. In this case, we’d be talking about the bar and what kind of security did they have in place to minimize the harm to patrons. However in this case, the employee was the one hurt. Plaintiff could certainly seek workers’ compensation coverage, but he wouldn’t be able to sue his employer.
That leaves the attacker. In many cases, individuals do not have the personal asserts necessary to collect a substantial injury lawsuit judgment. That’s why sometimes, it may not be worth it to name them in the case at all. But here, Carter does have personal asserts and there is a strong case to made by plaintiff that he acted with reckless disregard for the safety and well-being of others in attacking bar employees that night.
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Nick Carter sued over Key West bar brawl arrest, Jan. 27, 2016, By Maria Puente, USA Today
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