Case ID: 120903475files.courthousenews.com/2012/10/03/Penthouse Club.pdf · 2012. 10. 3. · 1. Plaintiff, Patrick Gallagher (hereinafter referred to as Plaintiff), is an adult citizen

SHERIDAN & MURRAY, LLC BY: NEIL T. MURRAY, ESQUIRE Identification No. 53646 Attorney for Plaintiff 1600 Market Street, Suite 2500 Philadelphia, PA 19103 (215) 977-9500 [email protected] PATRICK GALLAGHER 298 Cricklewood Circle Lansdale, PA 19446 v. 3001 CASTOR INC, individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and 3001 CASTOR PROPERTIES, LLC, individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and ABCDE PENNSYLVANIA MANAGEMENT, L.L.C., individually and d/b/a t/a The Penthouse Club and Penthouse Club @ Philly 3001 Castor Avenue Philadelphia, PA 19134 and THE PENTHOUSE CLUB 3001 Castor Avenue Philadelphia, PA 19134

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COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PA SEPTEMBER TERM, 2012 NO. MAJOR – JURY TRIAL DEMANDED

Case ID: 120903475

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COMPLAINT

1. Plaintiff, Patrick Gallagher (hereinafter referred to as Plaintiff), is an adult citizen

of the Commonwealth of Pennsylvania residing at 298 Cricklewood Circle, Lansdale, PA

19446.

2. Defendant, 3001 Castor Inc, individually and d/b/a t/a The Penthouse Club and

Penthouse Club @ Philly, (hereinafter Defendant Castor), is a corporation and/or business

entity organized and existing under the laws of the Commonwealth of Pennsylvania, licensed

and/or registered to do business in the Commonwealth of Pennsylvania, with a place of

business at 3001 Castor Avenue, Philadelphia, PA 19134, and at all time material and relevant

hereto regularly conducted business at this address in Philadelphia County, Pennsylvania.

3. At all times material and relevant hereto, Defendant Castor owned, operated,

possessed, controlled and/or managed The Penthouse Club located at 3001 Castor Avenue,

Philadelphia, PA 19134.

4. Defendant, 3001 Castor Properties, LLC, individually and d/b/a t/a The

Penthouse Club and Penthouse Club @ Philly, (hereinafter Defendant Castor Properties) is a

corporation and/or business entity organized and existing under the laws of the

Commonwealth of Pennsylvania, licensed and/or registered to do business in the

Commonwealth of Pennsylvania, with a place of business at 3001 Castor Avenue,

Philadelphia, PA 19134, and at all time material and relevant hereto regularly conducted

business at this address in Philadelphia County, Pennsylvania.

5. At all times material and relevant hereto, Defendant Castor Properties owned,

operated, possessed, controlled and/or managed The Penthouse Club located at 3001 Castor

Avenue, Philadelphia, PA 19134.

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6. Defendant, ABCDE Pennsylvania Management, L.L.C. , individually and d/b/a t/a

The Penthouse Club and Penthouse Club @ Philly, (hereinafter Defendant ABCDE) is a






7. At all times material and relevant hereto, Defendant ABCDE owned, operated,



8. Defendant, The Penthouse Club (hereinafter Defendant Penthouse) is a






9. At all times material and relevant hereto, Defendant Penthouse owned, operated,



10. At all times material and relevant hereto, Defendants Castor, Castor Properties,

ABCDE and/or Penthouse had dancers and/or entertainers who were employees, agents

and/or ostensible agents of Defendants present at The Penthouse Club.

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11. At all times material and relevant hereto, the dancers and/or entertainers at The

Penthouse Club were working at The Penthouse Club under the supervision and direction of

Defendants Castor, Castor Properties, ABCDE and/or The Penthouse Club (hereinafter

referred to as Defendants).

12. At all times material hereto, Defendants acted through their agents, servants,

representatives, and/or employees, including dancers and entertainers, who were acting within

the course and scope of their agency and/or employment by said Defendants.

13. Upon information and belief and at all times material hereto, Defendants were

acting by and through their duly authorized agents, servants, representatives, and/or

employees, disclosed and undisclosed, who acted at the direction of said Defendants, and

within the scope of their authority and within the course of their employment.

14. Upon information and belief and at all times material hereto, Defendants

employed dancers and/or entertainers in the course of conducting business at The Penthouse

Club.

15. Upon information and belief and at all times material hereto, on November 20,

2010 and/or the early morning hours of November 21, 2010, Plaintiff was a business invitee,

customer, guest and/or patron of said Defendants at The Penthouse Club.

16. At all times material hereto, on November 20, 2010 and/or the early morning

hours of November 21, 2010, dancers and/or entertainers were working at The Penthouse

Club while Plaintiff was a business invitee, guest and/or patron at The Penthouse Club.

17. On or about the late evening of November 20, 2010 or in the early morning hours

of November 21, 2010, a dancer and/or entertainer who was an employee, agent, and/or

ostensible agent of the Defendants, negligently and carelessly slammed her body against

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Plaintiff’s body with such force as to cause significant injuries to Plaintiff as described later in

this Complaint.

18. On or about the late evening of November 20, 2010 or in the early morning hours

of November 21, 2010, a dancer and/or entertainer who was an employee, agent, and/or

ostensible agent of the Defendants, negligently and carelessly slid down a pole on a stage

from a great height and slammed her body on top of Plaintiff, who was lying on the ground,

with such force that it caused significant injuries to Plaintiff as described later in this Complaint.

19. At the time the dancer and/or entertainer slammed her body on top of Plaintiff’s

body, she was acting as an employee, agent, and/or ostensible agent of the Defendants, and

acting under the supervision and direction of Defendants.

20. Plaintiff is not aware of the identity of the dancer and/or entertainer that injured

him at The Penthouse Club and only knows her to be a black female (hereinafter referred to as

Dancer 1). The Defendants are in possession of Dancer 1’s name and other identifying

information.

21. At all times material hereto, Defendants acted directly and/or by and though

their agents, employees, ostensible agents, servants, workman, and other representatives,

including dancers and entertainers, who were acting within the scope of their employment

and/or authority.

22. At all times relevant and material hereto, Defendants directly and/or by and

through their duly authorized agents, servants, representatives, and/or employees, employed,

controlled, supervised and/or possessed dancers and/or entertainers, including Dancer 1, at

The Penthouse Club.

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23. At all times relevant hereto, including on November 20, 2010 and November 21,

2010, dancers and/or entertainers for The Penthouse Club, including Dancer 1, were provided

by Defendants directly and/or by and through their agents, employees, ostensible agents,

servants, workmen, and/or representatives.

24. Prior to November 20, 2010, upon information and belief, Defendants were

aware and/or reasonably should have been aware that their dancers and/or entertainers

engaged in a pattern of conduct with patrons at The Penthouse Club that caused and/or could

cause physical injury to patrons.

25. As a direct and proximate result of the acts and omissions of the Defendants,

including their dancers and/or entertainers, Plaintiff suffered significant personal injuries and

damages described later in this Complaint.

26. Upon information and belief and at all times relevant hereto, Defendants directly

and/or by and through their agents, employees, ostensible agents, servants, workmen, and/or

provided all employee selection, training, oversight and supervision for their dancers and/or

entertainers at The Penthouse Club, including those that were on duty on November 20, 2010

and November 21, 2010.

27. Upon information and belief, Defendants, directly and/or by and through their

agents, employees, ostensible agents, servants, workmen, and/or representatives undertook a

duty to provide a safe environment and protect their customers, guests and business invitees

on their premises from harm and injury in order to provide such customers and invitees, such

as Plaintiff, with a safe environment.

28. Upon information and belief, Defendants, directly and/or by and through their

agents, employees, ostensible agents, servants, workmen, and/or representatives failed to

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undertake this duty to protect their customers and invitees on the premises from harm and injury

with reasonable care, resulting in Plaintiff’s injuries. Had Defendants, exercised reasonable care

in the protection of their customers and invitees, such as Plaintiff, Plaintiff would not have

sustained the injuries and damages as set forth herein.

29. Upon information and belief, before Dancer 1 harmed and injured Plaintiff,

Defendants were aware or, through reasonable diligence, should have been aware that

dancers and/or entertainers had engaged in incidences of conduct towards customers and

invitees at The Penthouse Club that had injured and/or were likely to injure customers and

invitees, and aware of the need to protect their customers and patrons, such as Plaintiff, from

being harmed or injured while at The Penthouse Club.

30. Upon information and belief, Defendants knew and/or should have known that the

conduct of the dancers and/or entertainers at The Penthouse Club could and would cause injury

to their customers and invitees, such as Plaintiff in this case, and thereby created a duty to

protect such customers by providing diligent and proper training, supervision, and oversight of the

dancers and/or entertainers, including Dancer 1, to ensure their safety of the customers and

invitees.

31. Defendants, directly and/or by and through their agents, employees, ostensible

agents, servants, workmen, and/or representatives breached their duty of care to properly train,

supervise and oversee the dancers and/or entertainers, including Dancer 1, at The Penthouse

Club to prevent the dancers and/or entertainers from engaging in conduct that would cause harm

or injury to customers and invites such as Plaintiff.


agents, servants, workmen, and/or representatives negligently and carelessly failed to monitor,

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supervise and oversee the conduct of the dancers and/or entertainers, including Dancer 1, at

The Penthouse Club to prevent the dancers and/or entertainers from causing harm or injury to

customers and invites such as Plaintiff.

33. Defendants’ failure to carry out their duties to protect their customers and invitees at

The Penthouse Club, particularly Plaintiff, increased the risk that Plaintiff would be harmed or

injured by the dancers and/or entertainers.

34. Defendants failure to carry out their duty to protect their customers and invitees that

resulted in Plaintiff’s harm and injuries, occurred, in part, through the acts and omissions of

Defendants’ employees, servants, ostensible agents, and/or agents, including Dancer 1, who

were acting within the scope of their employment and/or agency at the time Plaintiff was harmed

and injured.


agents, servants, workmen, and/or representatives were at all times responsible for the

maintenance, operation, and safety of The Penthouse Club, and knew, or in the exercise of

reasonable care, should have known of the dangerous conduct that the dancers and/or

entertainers were exhibiting toward Plaintiff at The Penthouse Club on November 20, 2010 and/or

November 21, 2010, prior to the time that Dancer 1 caused harm and injury to Plaintiff.

36. Defendants directly and/or by and through their agents, employees, ostensible

agents, servants, workmen, and/or representatives were at all times responsible for the

maintenance, control, and safety of security of the Penthouse Club on November 20, 2010 and/or

November 21, 2010.

37. At all times relevant hereto, Defendants directly and/or by and through their

agents, employees, ostensible agents, servants, workmen, and/or representatives, were aware

Case ID: 120903475

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and/or should have been aware that Dancer 1 was engaging in dangerous and harmful conduct

toward Plaintiff on November 20, 2010 and/or November 21, 2010, and failed to prevent Dancer 1

from harming and injuring Plaintiff.

38. At all times relevant hereto, Defendants directly and/or by and through their

agents, employees, ostensible agents, servants, workmen, and/or representatives, were aware

and/or should have been aware that Dancer 1 was engaging in dangerous and harmful conduct

toward Plaintiff on November 20, 2010 and/or November 21, 2010, and failed to warn Plaintiff of

the dangerous and harmful conduct, and failed to protect Plaintiff from this foreseeable harm.

39. Defendants are vicariously liable for the negligent, harmful and dangerous conduct

of the dancers and/or entertainers, including Dancer 1, towards Plaintiff at The Penthouse Club

on November 20, 2010 and/or November 21, 2010.

40. All Defendants are jointly and/or severally liable to the Plaintiff.

COUNT I - NEGLIGENCE

PATRICK GALLAGHER V. 3001 CASTOR INC

41. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through

40 as though the same were set forth fully herein.

42. On or about November 20, 2010 and/or November 21, 2010, Plaintiff was a

patron, guest and/or business invitee at The Penthouse Club in Philadelphia, Pennsylvania.

43. On or about November 20, 2010 and/or November 21, 2010, Dancer 1

negligently and carelessly slammed her body on top of Plaintiff as previously described in this

Complaint causing significant injuries to Plaintiff.

Case ID: 120903475

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44. At all times material hereto, Defendant 3001 Castor Inc, owned, operated,

maintained, cared for, and/or controlled the property and premises known as The Penthouse

Club at 3001 Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with

reasonable care in a non-negligent manner to protect its customers and invitees on its

premises from dangerous and hazardous conditions and failed to fulfill that duty.

45. At all times material and relevant hereto, and on November 20, 2010 and

November 21, 2010, the negligence and carelessness of Defendants, individually and each of

them, directly and/or by and through their agents, servants, workmen, representatives, and/or

employees, consisted of the following:

a. failing to provide a safe environment for its customers and invitees at The

Penthouse Club;

b. failing to have adequate staff at The Penthouse Club to prevent dancers

and/or entertainers from engaging in dangerous and harmful conduct

towards its customers and invitees;

c. failing to have adequate staff at The Penthouse Club to prevent dancers

and/or entertainers, including Dancer 1, from engaging in dangerous and

harmful conduct toward Plaintiff and to prevent Dancer 1 from harming

and injuring Plaintiff;

d. failing to adopt and implement appropriate policies and procedures

regarding protection of customers and business invitees on its premises;

e. failing to adequately enforce Defendants’ own policies and procedures

regarding safety and protection of customers and invitees on Defendants’

premises;

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f. failing to properly and adequately select dancers and/or entertainers,

including Dancer 1;

g. failing to properly and adequately train and/or retrain dancers and/or

entertainers, including Dancer 1, to prevent them from engaging in harmful

and dangerous conduct towards customers and invitees, including

slamming their bodies from a great height on customers and invitees;

h. failing to properly monitor, supervise and/or oversee dancers and/or


and/or dangerous conduct toward the customers and invitees, including


i. failing to implement adequate policies and procedures to prevent dancers

and/or entertainers, including Dancer 1, engaging in harmful and/or

dangerous conduct toward the customers and invitees, including


j. failing to properly and adequately respond to the harmful and dangerous

conduct that the dancers and/or entertainers, including Dancer 1, were

exhibiting towards Plaintiff before he was injured;

k. failing prevent harm and injury to Plaintiff when Defendants were aware

and/or should have been aware that Dancer 1 was engaging in dangerous

and harmful conduct toward Plaintiff and failed to prevent Dancer 1 from

harming and injuring Plaintiff.

l. failing to utilize personnel to prevent the dancers and/or entertainers,

including Dancer 1, from harming and injuring Plaintiff; and

Case ID: 120903475

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m. failing to exercise due care under the circumstances;

46. Defendants’ acts and omissions set forth above constitute a failure to exercise

reasonable and ordinary care under the circumstances presented.

47. As a direct and proximate result of Defendants’ negligence and carelessness, as

set forth above, Plaintiff has suffered various physical injuries, including but not limited to, a

ruptured bladder and injury to the femoral cutaneous nerve.

48. As a direct and proximate result of the negligence and carelessness of the

Defendants, Plaintiff has been required to undergo medical treatment to affect a cure for the

injuries sustained including surgery, and may continue to require medical care and/or

treatment in the future.


defendants, Plaintiff has been compelled to expend money for medicine and medical care and

may be required to expend additional money for the same purposes in the future.


Defendants, Plaintiff has been prevented, and may be prevented in the future, from engaging

in his usual activities, avocations, occupations, and/or lifestyles, all to his great personal and/or

financial loss.


Defendants, Plaintiff has suffered, and may continue to suffer in the future, great physical pain,

discomfort, trauma, humiliation, anxiety, and/or mental anguish


Defendants, Plaintiff has incurred medical expenses and other financial losses.

Case ID: 120903475

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WHEREFORE, Plaintiff, Patrick Gallagher claims of the Defendants, and each of them,

damages in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of costs and interests and

other damages to be awarded by this court.

COUNT II – NEGLIGENCE

PATRICK GALLAGHER V. 3001 CASTOR PROPERTIES LLC








56. At all times material hereto, Defendant Castor Properties owned, operated,

maintained, cared for, and/or controlled the property and premises known as The Penthouse

Club at 3001 Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with

reasonable care in a non-negligent manner to protect its customers and invitees on its

premises from dangerous and hazardous conditions and failed to fulfill that duty.





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Penthouse Club;












premises;


including Dancer 1;







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financial loss.









COUNT III – NEGLIGENCE

PATRICK GALLAGHER V. ABCDE PENNSYLVANIA MANAGEMENT, L.L.C.



Case ID: 120903475

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68. At all times material hereto, Defendant ABCDE owned, operated, maintained,

cared for, and/or controlled the property and premises known as The Penthouse Club at 3001

Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with reasonable

care in a non-negligent manner to protect its customers and invitees on its premises from

dangerous and hazardous conditions and failed to fulfill that duty.






Penthouse Club;








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premises;


including Dancer 1;
















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financial loss.

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COUNT IV – NEGLIGENCE

PATRICK GALLAGHER V. THE PENTHOUSE CLUB








80. At all times material hereto, Defendant Penthouse owned, operated, maintained,

cared for, and/or controlled the property and premises known as The Penthouse Club at 3001

Castor Avenue, Philadelphia, Pennsylvania and were under a duty to do so with reasonable

care in a non-negligent manner to protect its customers and invitees on its premises from

dangerous and hazardous conditions and failed to fulfill that duty.

Case ID: 120903475

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Penthouse Club;












premises;


including Dancer 1;



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financial loss.









Case ID: 120903475

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SHERIDAN & MURRAY, LLC BY: s/ Neil T. Murray NEIL T. MURRAY, ESQUIRE Attorney for Plaintiff Date:

Case ID: 120903475

ashortTypewritten TextSeptember 28, 2012

SHERIDAN & MURRAY, LLCNEIL T. MURRAY, ESQUIREGallagher.pdfSHERIDAN & MURRAY, LLC

Documents

Case ID: 120903475files.courthousenews.com/2012/10/03/Penthouse Club.pdf · 2012. 10. 3. · 1. Plaintiff, Patrick Gallagher (hereinafter referred to as Plaintiff), is an adult citizen