Publication Details

Mitchell L. Pascual and John M. Tuntevski successfully defended an appeal in New Jersey Superior Court

Mitchell L. Pascual and John M. Tuntevski successfully defended an appeal in New Jersey Superior Court -

Mitchell L. Pascual and John M. Tuntevski successfully defended an appeal to the New Jersey Superior Court, Appellate Division, on behalf of Strike Force Protective Services.  Plaintiff suffered a broken foot and torn knee ligament when he was pushed to the ground during a Seether concert at the Starland Ballroom where Strike Force provided security.  He filed a personal injury action, including a claim against the owner of the venue, alleging that the companies failed to ensure his safety and encouraged pushing during the show by selling alcoholic drinks to active, rowdy attendees.  A Motion for Summary Judgment on behalf of the defense was granted and plaintiff’s complaint was dismissed with prejudice, as he was unable to present evidence of negligence where the incident happened so quickly that it could not have been reasonably foreseeable.  Plaintiff appealed the dismissal and sought to reinstate his claims.  The Appellate Division affirmed the trial court’s decision, noting that the venue took reasonable precautions to enforce its policy against unsafe crowd behavior by employing Strike Force; the band had performed at the venue in the past without incident; the accident occurred within a matter of seconds; and plaintiff conceded he felt safe the entire time until he was hurt.