WILKES-BARRE PA Jan 25 2012 – A second lawsuit has been filed against a Nanticoke bar and its owner in which a Mountain Top man says he was injured in a New Year’s Eve incident that also resulted in the face of his friend being severely slashed.
Ricky Wells says Paul Halliday, owner of the Prospect Street Cafe, was negligent the night of the attacks in that a security guard was not properly trained and a list of barred patrons was not kept.
The suit, filed by Wells’ attorney, David Selingo, on Monday, seeks unspecified damages on two counts of negligence.
The suit mirrors that of Jennifer Mieczkowski, of Nanticoke, who claimed in a suit filed Jan. 13 that the bar and Halliday were negligent for allowing inside a person who Mieczkowski claims injured her, despite the fact the person was under the legal drinking age, and that employees did nothing to stop the attack.
Mieczkowski alleged a woman slashed her face after Mieczkowski went to the aid of a friend who fell off a bar stool.
Wells’ lawsuit says the tavern had been the site of nine incidents involving disturbances at or adjacent to the bar, and had received 16 citations over an unspecified period of time prior to the incident.
The suit says Halliday entered into an agreement with the state Liquor Control Board that called for him to employ a security guard, provide training and maintain a list of persons who were barred from the tavern.
Wells alleges in the suit that he and Mieczkowski were at the tavern to pick up beer to take out when they saw some friends and decided to sit down with them and order a drink.
Mieczkowski, the suit says, noticed a female friend get knocked off a bar stool, and went to her aid when she was assaulted by an attacker.
Wells says in the suit that he tried to intervene but was grabbed by a security guard and dragged outside, where he was beaten, causing several injuries.
A police report of the incident said Wells was beaten with a pool cue. The suit says Wells suffered a fractured jaw, pain, anxiety, loss of sleep and depression as a result of the attack.
The suit alleges negligence in that Halliday and the bar failed to have a security guard undergo proper training and wear proper clothing. The suit also alleges Halliday and the bar failed to enforce the barred patron list, allowed underage patrons into the bar, served those underage patrons and failed to keep the premises “under control.”
Nanticoke Detective Capt. William Shultz said Monday the police are continuing the investigation and there have been no new developments.
Halliday could not be reached for comment.
Michael Yelen, an attorney who has previously represented the bar regarding its liquor license, said Monday he had no comment on any personal injury action and was unaware of the newest lawsuit.