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Fred's Bar lawsuit over patron fight death moves forward...

Posted on 8/12/25 at 9:41 am
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19759 posts
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.

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 by redneck
Los Suenos, Costa Rica
Member since Dec 2003
54155 posts
Posted on 8/12/25 at 9:43 am to
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 by LNCHBOX
70448
Member since Jun 2009
88541 posts
Posted on 8/12/25 at 9:44 am to
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 by N2cars
Close by
Member since Feb 2008
37866 posts
Posted on 8/12/25 at 9:44 am to
A lot to unpack here
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
103388 posts
Posted on 8/12/25 at 9:46 am to
I'd have a really hard time placing blame on the bar based on just that story.
Posted by jorconalx
alexandria
Member since Aug 2011
10479 posts
Posted on 8/12/25 at 9:46 am to
quote:

Sheylli


She a stripper?
Posted by LSUfan4444
Member since Mar 2004
56544 posts
Posted on 8/12/25 at 9:46 am to
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 by Cash
Vail
Member since Feb 2005
37562 posts
Posted on 8/12/25 at 9:46 am to
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 by SouthPlains
Member since Jul 2023
1038 posts
Posted on 8/12/25 at 9:47 am to
Far from my area of law practice, but this seems like an absurd position.

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 by N2cars
Close by
Member since Feb 2008
37866 posts
Posted on 8/12/25 at 9:47 am to
Agree.

At least they weren't underage
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
62318 posts
Posted on 8/12/25 at 9:48 am to
What gets me is Marsiglia was arrested for manslaughter.
Posted by theliontamer
Baton Rouge
Member since Nov 2015
1798 posts
Posted on 8/12/25 at 9:48 am to
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 by Ingeniero
Baton Rouge
Member since Dec 2013
21651 posts
Posted on 8/12/25 at 9:49 am to
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 by lsuchip30
Baton Rouge, LA
Member since Dec 2007
478 posts
Posted on 8/12/25 at 9:49 am to
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 by Meauxjeaux
102836 posts including my alters
Member since Jun 2005
45463 posts
Posted on 8/12/25 at 9:52 am to
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 by GreatLakesTiger24
Member since May 2012
58678 posts
Posted on 8/12/25 at 9:54 am to
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 by BamaCoaster
God's Gulf
Member since Apr 2016
6544 posts
Posted on 8/12/25 at 9:54 am to
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 by UptownJoeBrown
Baton Rouge
Member since Jul 2024
5892 posts
Posted on 8/12/25 at 9:55 am to
Did it happen in the parking lot?
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
1733 posts
Posted on 8/12/25 at 9:56 am to
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 by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19759 posts
Posted on 8/12/25 at 9:57 am to
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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