HAYES v. HOPKINS RESTAURANT, No. CV06-5007160S (Aug. 13, 2008)

WILLIAM L. HADDEN, JR., J.T.R.

This is a civil suit brought by the plaintiff against the defendant Hopkins Restaurant Corporation (Hopkins) dba Alchemy Cafe and Joshua Early. The complaint alleges that the plaintiff was a patron at the Alchemy Cafe (Cafe) located on Crown Street in New Haven on November 25, 2004 at approximately 12:35 a.m. when she was struck in the face by a beer bottle thrown by an unknown male. As a result of being struck, the plaintiff alleges that she sustained various personal injuries and incurred expenses for ambulance services, hospitalization, physicians, x-rays and medications. The complaint alleges that the injuries and losses were caused by the negligence of Hopkins and Joshua Early, who is alleged to be the permittee. The defendants admit only that Hopkins did operate the Cafe.

The case was tried as a court trial on August 12, 2008 before this court. The case against Early, as alleged in the second count, was withdrawn by the plaintiff at the start of the trial. The only witness was the plaintiff, Laura Hayes.

The complaint alleges ten specific grounds of negligence on the part of the Cafe in support of the claim for damages. The court finds the following facts and reaches the following conclusions. The plaintiff and a female friend, Jennifer McColl, were customers in the Cafe on November 25, 2004. The plaintiff was very familiar with the Cafe and its method of operations, since she had worked there for a period of time four months earlier, and was a frequent customer.

At about 11:35 p.m., as the plaintiff and Jennifer were walking up a short stairway from the bar area to the dance floor, Jennifer and a man coming down the stairs bumped into each other. They started to argue and after about thirty seconds the plaintiff intervened to try and stop the argument. The man then started to argue with the plaintiff. There was no physical contact between the man and the plaintiff. The total time of both arguments was about one minute. At that point the plaintiff was CT Page 13517 struck in the forehead by a thrown beer bottle. It was not thrown by the man on the stairs and there was no evidence as to who threw it. The complaint alleges that the bottle was thrown by an unknown male after he was sold alcoholic beverages. There is no credible evidence in support of these allegations or in support of any of the ten allegations of negligence.

The theory of negligence claimed by the plaintiff in final argument is that since there was an argument for about one minute, this was sufficient time so that some security personnel should have done something to prevent the plaintiff from being injured. The court does not agree. The plaintiff has the burden of proving that at least one act of negligence by Hopkins was the proximate cause of the injuries to the plaintiff. The plaintiff has failed to meet this burden of proof.

Accordingly, judgment may enter in favor of the defendant Hopkins Restaurant Corporation on the first count. The plaintiff orally withdrew the second count as against Joshua Early. If that count has not been formally withdrawn as yet, then a judgment may enter in favor of the defendant Joshua Early on the second count.

CT Page 13518