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Fred's Bar lawsuit over patron fight death moves forward...
Posted on 8/12/25 at 9:41 am
Posted on 8/12/25 at 9:41 am
What are your thoughts here? If two patrons are fighting, is it the bar bouncers responsibility to monitor them after they eject them from the bar? Seems a pretty high standard to place on the business.
The kicker here is that the "victim" who died was the aggressor in the fight. He died after the guy he took a swing at defended himself.
LINK
The kicker here is that the "victim" who died was the aggressor in the fight. He died after the guy he took a swing at defended himself.
quote:
A family’s wrongful death lawsuit stemming from a fatal brawl outside a popular Tigerland bar will proceed after a Baton Rouge judge ruled Monday that there was enough cause for the plaintiff’s claims.
Sheylli Pantoja filed the lawsuit against Fred’s Bar and Grill in March on behalf of her deceased boyfriend’s two sons. Devin Repath was killed early the morning of March 23, 2024, resulting from a fight in the parking lot of Fred's Bar.
The lawsuit survived a bid by Fred’s to get the case dismissed. During Monday’s hearing, attorneys for the defendant argued the bar can’t be sued for negligence because the fight happened after security kicked the brawlers out for being disorderly.
quote:
District Judge Richard “Chip” Moore denied the motion for dismissal, determining the plaintiff’s claims have enough merit for the case to be heard by a jury.
“These patrons were removed from Fred’s Bar and Grill already knowing that they were aggressive with one another,” he said. “And to throw them out together without any oversight, without any supervision, I believe that is a cause of action.”
According to an arrest report, Repath took a swing at Matthew Marsiglia, a 21-year-old LSU student involved in the fracas. Marsiglia ducked the punch and shoved Repath, whose head hit the pavement when he fell to the ground.
Repath, a 26-year-old Westwego man, was in town for a friend’s bachelor party. He suffered a traumatic brain injury and was taken to a hospital, where he died three days later from blunt force trauma.
quote:
The plaintiffs contend the defendants are liable for Repath’s death, alleging Fred’s violated state liquor laws that prohibit licensed establishments from selling or serving alcohol to intoxicated persons. According to the complaint, cameras showed staff serving the brawlers the entire time they were inside the bar, even after they became boisterous and belligerent. When Repath, Marsiglia, Leco and others began fighting inside, security kicked them out together.
According to the plaintiff, ejecting the visibly inebriated parties at the same time through the same exits while they were feuding was reckless and amounted to a second act of negligence by Fred’s.
LINK
Posted on 8/12/25 at 9:43 am to jbgleason
So what are they suppose to do? Kick one group out and put the other group in timeout until the first group gets picked up by an uber?
Posted on 8/12/25 at 9:44 am to jbgleason
quote:
What are your thoughts here?
quote:
“These patrons were removed from Fred’s Bar and Grill already knowing that they were aggressive with one another,” he said. “And to throw them out together without any oversight, without any supervision, I believe that is a cause of action.”
This is bullshite. If you accept this, why would o not also accept that kicking them out and them fighting anywhere else that night is also the bar's responsibility? Where would it stop?
This to me is a frivolous suit trying to get access to the deepest pockets.
Posted on 8/12/25 at 9:46 am to jbgleason
I'd have a really hard time placing blame on the bar based on just that story.
Posted on 8/12/25 at 9:46 am to jbgleason
quote:
Sheylli
She a stripper?
Posted on 8/12/25 at 9:46 am to jbgleason
quote:
If two patrons are fighting, is it the bar bouncers responsibility to monitor them after they eject them from the bar? Seems a pretty high standard to place on the business.
Depends..where they served legally and responsibly while in the bar?
Posted on 8/12/25 at 9:46 am to jbgleason
quote:
ejecting the visibly inebriated parties at the same time through the same exits while they were feuding was reckless and amounted to a second act of negligence by Fred’s.
You know what else was reckless Sheeylli?
Your 26 y/o boyfriend getting drunk at a college bar and taking a swing at a 21 y/o student.
Posted on 8/12/25 at 9:47 am to jbgleason
Far from my area of law practice, but this seems like an absurd position.
Good luck to Fred’s counsel fighting that uphill battle.
quote:
These patrons were removed from Fred’s Bar and Grill already knowing that they were aggressive with one another,” he said. “And to throw them out together without any oversight, without any supervision, I believe that is a cause of action.
Good luck to Fred’s counsel fighting that uphill battle.
Posted on 8/12/25 at 9:47 am to LSUBoo
Agree.
At least they weren't underage
At least they weren't underage
Posted on 8/12/25 at 9:48 am to jbgleason
What gets me is Marsiglia was arrested for manslaughter. 
Posted on 8/12/25 at 9:48 am to LNCHBOX
Yea, 26 y/o father doesn't need to be fighting college kids at a college bar. The poor baby momma is likely desperate for cash.
Posted on 8/12/25 at 9:49 am to jbgleason
quote:
“These patrons were removed from Fred’s Bar and Grill already knowing that they were aggressive with one another,” he said. “And to throw them out together without any oversight, without any supervision, I believe that is a cause of action.”
This is retarded. Where do we draw the line? Should Fred's have to assign them chaperones and tuck them into bed at their house before we accept that they've responsibly handled the situation?
Posted on 8/12/25 at 9:49 am to LNCHBOX
quote:
This to me is a frivolous suit trying to get access to the deepest pockets.
It's the Louisiana lawyer way - whoever has the most money is gonna get sued.
Posted on 8/12/25 at 9:52 am to jbgleason
quote:
alleging Fred’s violated state liquor laws that prohibit licensed establishments from selling or serving alcohol to intoxicated persons.
That's a problem for Fred's
ETA: I mean, I don't like it, but it's pretty well established law and precedent that a bar has to monitor it's customers and make some determination of drunkeness level and act accordingly to stop it.
Which is bullshite IMO, but it's well established. Wanna be in the bar business, gotta play by them rules.
This post was edited on 8/12/25 at 9:54 am
Posted on 8/12/25 at 9:54 am to jbgleason
Imagine your legacy is starting a fight at a college bar as a 26 year old and being killed by a skinny catholic school kid
Posted on 8/12/25 at 9:54 am to Ingeniero
quote:
Where do we draw the line? Should Fred's have to assign them chaperones and tuck them into bed at their house before we accept that they've responsibly handled the situation?
Personal responsibility is no longer en vogue.
Posted on 8/12/25 at 9:55 am to jbgleason
Did it happen in the parking lot?
Posted on 8/12/25 at 9:56 am to redneck
quote:
So what are they suppose to do? Kick one group out and put the other group in timeout until the first group gets picked up by an uber?
When you put them outside, you damn well knew they were going to keep fighting.
Throw one out and make the other call an Uber. Or send out a man-mountain with them to keep them from killing each other in the parking lot.
Once you overserved them, which is the allegation, you’ve got a duty.
This post was edited on 8/12/25 at 9:57 am
Posted on 8/12/25 at 9:57 am to Meauxjeaux
quote:
alleging Fred’s violated state liquor laws that prohibit licensed establishments from selling or serving alcohol to intoxicated persons.
That's a problem for Fred's
I always hated this. If the patron can stand, communicate that they want a drink and are able to pay for said drink then it seems they are capable. To me, that should be the standard.
If the person can't stand, can't speak coherently and the bartender is pouring the drink down their throat before rifling their pockets for cash then thats a different issue.
I would be curious to see what the state training for the Bartenders License says about this.
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