Tuesday, March 24, 2009

Failure To Supervise

The United States Court of Appeals for the District of Columbia Circuit today affirmed a verdict against Allen Iverson for injuries caused when his bodyguard attacked the plaintiff in a brawl that had erupted at Eyebar, a Washington, D.C. nightclub. The plaintiff had suffered a concussion, a burst blood vessal in his eye, a torn rotator cuff and other physical and emotional injuries. The trial jury had awarded $260,000 in damages.

The claims against Iverson were premised on a theory of negligent supervision. The court rejected his claim that expert testimony was required to establish standard of care in the supervision of a bodyguard; "[t]he key distinction between what happened at the Eyebar and the district court cases Iverson cites is that here the individual with the supervisory authority (Iverson) was present when his employee...committed the tortious acts." (Mike Frisch)


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