United States DC Circuit

In a tort case arising from an criminal attack on plaintiffs in an alley as they were leaving a bar and dance club, summary judgment for the night club's operators is reversed where a reasonable jury could find facts establishing that the club put the alley to a "substantial special use," and evidence of two fights per month occurring in the alley could demonstrate foreseeability.

Appellate Information

• Decided 07/07/2006
• Published 07/07/2006

Judges

• Before:  HENDERSON and GRIFFITH, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Patrick M. Regan argued the cause for appellants.   With him on the briefs were Jonathan E. Halperin and Thanos Basdekis.


• For Appellees:
  
• William C. Parler, Jr. argued the cause and filed the briefs for appellee.