LAW-Sample Case Report

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Sample Case Report



Premises Liability



Concertgoer claimed security guard yanked her out of seat





Verdict:

Defense



Case Type:

Inadequate or Negligent Security, Negligence - Negligent Supervision, Negligence - Negligent Training



Case Name:

Shannon Mannese v. Bethel Performing Arts Center, LLC, The Gerry Foundation, Inc., Strike Force Protective Services, Inc., USI Services Group, Inc., Secure Defense Systems, Inc. and Barbara Sanroman, No. 1427/09



Venue:

Ulster Supreme, NY



Judge:

Christopher E. Cahill




Date:

09-16-2011


Plaintiff(s):

Attorney(s):
Steven H. Cohen; Finkelstein & Partners LLP; Wappingers, NY, for Shannon Mannese




Expert(s):
David DiMarco M.D.; Orthopedic Surgery; Poughkeepsie, NY called by: Steven Cohen



Defendant(s):

Attorney(s):
Michael T. Cook; Cook, Netter, Cloonan, Kurtz & Murphy, PC; Kingston, NY, for Bethel Performing Arts Center, LLC, Gerry Foundation Inc., Strike Force Protective Services Inc., USI Services Group Inc., Secure Defense Systems Inc., Barbara Sanroman




Expert(s):
Robert Hendler M.D.; Orthopedic Surgery; Goshen, NY called by: Michael Cook



Facts:

On July 27, 2008, plaintiff Shannon Mannese, 26, an accounting firm's auditor, attended a concert that was being conducted at the Bethel Woods Center for the Performing Arts, which is located at 200 Hurd Road, in Bethel. Mannese claimed that a security guard, Barbara Sanroman, yanked her out of her chair by her hair and right arm after erroneously concluding that Mannese was seated in the venue's pavilion area without a ticket.

Mannese sued Sanroman; the venue and its affiliated corporate entity, The Gerry Foundation Inc.; and three related firms that had been contracted to provide security services at the venue at the time of the incident, Secure Defense Systems Inc., Strike Force Protective Services Inc. and USI Services Group Inc. Mannese's claim against Sanroman sounded in negligence in performing her work duties, while the corporate defendants were alleged to have negligently trained and supervised Sanroman.

Mannese was at the concert with two friends. She claimed that she had been seated in the pavilion area--tickets for which are more expensive than those for the venue's lawn area--for about 15 seconds when she felt someone grabbing her from behind by her hair and right bicep, lifting her completely out of her seat. Sanroman then demanded to see Mannese's ticket, which Mannese produced.

Sanroman claimed that after identifying Mannese as someone who had snuck into the pavilion area without a proper ticket, she approached Mannese and attempted to verbally address Mannese several times without success. She claimed that she then tapped Mannese on the shoulder, to which Mannese responded by swinging her arm at Sanroman. According to Sanroman, a slight tussle ensued during which Sanroman's hand got caught in Mannese's hair. However, Sanroman denied having lifted Mannese out of her seat in any way.

The venue and its corporate entity argued that security for the show was the sole responsibility of the group of firms with whom it had contracted for that purpose. The security firms contended that Sanroman acted appropriately.

Sanroman's employment with the security firms ceased shortly following the underlying incident. Plaintiff's counsel argued that an incident report generated by Sanroman's supervisor following the incident suggested that Sanroman was fired because of the incident. Defense counsel responded that the firms simply decided not to engage Sanroman's services at future events at the venue.



Injury:


The day after the incident, Mannese sought treatment from a physician who was monitoring her right, dominant shoulder following an injury several years earlier that occurred as Mannese was lifting a heavy box. That previous injury had necessitated a shoulder reconstruction and an operation to clean out resulting scar tissue.

Mannese claimed that the incident with Sanroman caused her to once again experience pain in her right shoulder following many months without symptoms. About two months after the instant incident, she underwent arthroscopic surgery on her shoulder. Her treating surgeon testified that the operation was necessary to resolve the symptoms brought on by the trauma of the incident with Sanroman.

Mannese missed about three weeks of work in the months following the accident. She claimed that she continues to experience pain and tightness in her right shoulder, making it difficult for her to fix her hair and preventing her from engaging in many of her favored pastimes, including bowling and snowmobiling.

Plaintiff's counsel asked the jury to award Mannese about $3,000 in damages for past lost earnings, $75,000 for past pain and suffering and $200,000 for future pain and suffering.

The defense's expert orthopedic surgeon disputed that Mannese's right-shoulder symptoms are attributable to the incident with Sanroman. The expert noted that, in addition to her previous injury, Mannese had fallen down a stairway about a month after her 2008 arthroscopy, sustaining damage of her right shoulder once again. However, Mannese's treating surgeon testified that the damage from that fall was to another area of her shoulder.




Verdict Information:

The jury rendered a defense verdict. It found that Sanroman was negligent, but that Sanroman's negligence was not a substantial cause of Mannese's injuries.




Editor's Comments:

This report is based on information that was provided by plaintiff's and defense counsel.