Kuehn v. Pub Zone

Maria Kerkoulas owns the Pub Zone bar. Motorcycle gangs come there often to drink, and occasionally get out of hand and attack other customers. Maria posted a sign to prohibit gang members from flaunting their colors in the bar, in hopes that they will act more civil. One night members of the gang Pagans came in to drink, wearing the gang colors. They proceed to beat up another customer Kuehn. Kuehn suffered numerous injuries. This case covers the customer, Kuehn, suing the Pub Zone for not protecting him from the gang Pagans. It was argued that he came into Pub Zone and should have therefore been protected by them from the gang. The Jury came to the verdict that Pub Zone pay $300, 000 to Kuehn for his terrible night and injuries. The appellate court judge overruled it and gave a judgment for Pub Zone. The trial judge ruled that Pub Zone had no duty to protect their customers from gang members. Kuehn appealed the judge’s decision. Judge Payne made his decision to reinstate the Jury’s verdict based on the duty obligation Pub Zone had as a business. The reason that Pub Zone had said duty was based on the fact that they were aware of gang behaviors. They had a prohibition against gangs wearing their colors inside the Pub. Pub Zone could have prevented the violence of Mr. Kuehn by calling the police when their bouncer let the gang pass him at the door. Due to their lack of preventing harm to other customers, and Mr. Kuehn, Pub Zone would be required to pay the $300,