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Lawsuit of the Day: So You Think You Can Dance?

Christine Mancision.pngHave you ever considered the possibility of getting sued for not being able to dance? That’s the reality now facing James Graeber, who allegedly flung a hedge fund employee right off of a dance floor at a New Jersey wedding. The New York Post reports:

An Upper West Side woman is suing a rowdy reveler who drunkenly clobbered her on the dance floor at his sister’s reception last year.

Christine Mancision said she was grooving after dinner at the Hyatt Morristown in New Jersey when, “all of a sudden, I turn and I’m grabbed by this really tall individual.”

“I had no idea who he was. And he grabbed my arm and spun me around to dance with me and then just flung me off to the side of the dance floor, and I went flying to the floor,” the petite 27-year-old recalled.

Turn around, bright eyes
Every now and then I fall apart
Turn around, bright eyes
F***in every now and then I fall apart
And I need you now tonight
I f***in need you more than ever.

In related news, people who can dance do not go to weddings in New Jersey.

Mancision suffered a broken wrist and is suing James Graeber. But she’s also suing the Hyatt, for reasons passing understanding.

Details and updates after the jump.

Christine Mancision blames the Hyatt for continuing to serve Gaeber when he was already drunk:

Her lawyer, Kyle Watters, said, “I think the Hyatt owes an obligation to its guests … to not fuel the fire of intoxication by pouring alcohol down the throat of an intoxicated patron.”

Surely, this (stupid) “don’t make drunk people more drunk” rule has to be suspended at weddings, right? Pouring alcohol down the throat of intoxicated people is the point of a wedding reception. How the hell else was I supposed to deal with my sister-in-law? Talking? A game of hide-and-go-freaking-seek? You don’t even know.

Our friends at Dealbreaker have this advice for Mancision:

… if you can’t take the moves, get off the dance floor. This is what people do. Yeah, Graeber was likely drunk but guess what? The spin and the fling is probably his go-to move regardless. The booze just added a little get up and go to his delivery.

In fact, how do we even know that Graeber was all that drunk? Maybe he was dancing, spun Mancision around, got a good look at her, and tried to quickly … spin away? You can’t fault Graeber for making a quick and authoritative judgment, can you?

Educational Update: One of our awesome commenters pointed out Christine Mancision’s LinkedIn profile. Under her educational experience, we find this damning evidence:

Christine Mancision’s Education

* Gettysburg College: 2000 — 2004

* Activities and Societies: Alpha Delta Pi Sorority, Dance Ensemble


(emphasis added).

Meanwhile, another commenter pointed out this comment on the New York Post:

I was at the wedding. I saw him spinning her on the floor and the subsequent fall. The article fails to mention how drunk she was. So much so that the paramedics mentioned their concern over it. I hope I get the opportunity to testify to that fact. What a joke.

Can you say: contributory negligence? I think Christine is in serious danger of botching James Graeber’s “mancision.”

Suit vs. wedding ‘break’ dancer [New York Post]
Hedge Fund Investor Relations Girl’s Dance Of Near Death Cautionary Tale For Us All [Dealbreaker]

Comments

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1 Posted by guest | Permalink Tuesday, October 13, 2009 1:06 PM

first?

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2 Posted by guest | Permalink Tuesday, October 13, 2009 1:07 PM

Firts!

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3 Posted by guest | Permalink Tuesday, October 13, 2009 1:08 PM

Suck my ass, Mystal, you bloated racist walrus!

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4 Posted by guest | Permalink Tuesday, October 13, 2009 1:09 PM

Wow! I never thought it could happen to me!

I'm taking the rest of the day off.

-1

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5 Posted by guest | Permalink Tuesday, October 13, 2009 1:09 PM

PE,
Do you believe that Republican Congressman Paul Ryan from Wisconsin is a future presidential contender?

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6 Posted by guest | Permalink Tuesday, October 13, 2009 1:09 PM

Some type of assumption of risk, perhaps?

Or is the dance floor an attractive nuisance?

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7 Posted by guest | Permalink Tuesday, October 13, 2009 1:09 PM

The DealBreaker post is a thousand times better than this. You suck Elie.

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8 Posted by guest | Permalink Tuesday, October 13, 2009 1:09 PM

Oh my god!! He flung her "of" a dance floor!! Fat idiot.

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9 Posted by guest | Permalink Tuesday, October 13, 2009 1:10 PM

What a money hungry cunt!

10 Posted by Satchel | Permalink Tuesday, October 13, 2009 1:10 PM

Hair on her nipples and zits on her box...
In Sarasota, FL Kash is considered a fox.

-Satchel

11 Posted by Partner Emeritus | Permalink Tuesday, October 13, 2009 1:11 PM

This lawsuit will be dismissed on a summary judgment motion. If it goes to trial, the jury will come back with no cause. These types of lawsuits will be flooding the dockets as unemployed attorneys turn to handling these frivolous cases. Mr. Watters, a stripper caused me to sustain a hairline fracture on my hip after a lap dance a few months ago. Do you think you can represent me in suing the establishment? I need a response before the SOL runs out.

12 Posted by Partner Emeritus | Permalink Tuesday, October 13, 2009 1:14 PM

This comment is addressed to post no. 5.

Nothing and no one from Wisconsin has a bright future.

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13 Posted by guest | Permalink Tuesday, October 13, 2009 1:14 PM

PE,
You should drown that stripper in your bathtub.

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14 Posted by guest | Permalink Tuesday, October 13, 2009 1:16 PM

lol "Mancision"

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15 Posted by guest | Permalink Tuesday, October 13, 2009 1:21 PM

I hope whoever invited Christine to the wedding never speaks to her again!!! In fact, not only does Christine suck, but anyone who would be friends with her probably does too...what a greedy person to sue somoene for an accident, and then ruin the wedding because of it!!!

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16 Posted by guest | Permalink Tuesday, October 13, 2009 1:22 PM

people who live uptown are awful. look at this woman she is a preppy mess with her unironic headband and such.

uptown = awful.

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17 Posted by guest | Permalink Tuesday, October 13, 2009 1:22 PM

since when is social host liability a reason passing understanding?

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18 Posted by guest | Permalink Tuesday, October 13, 2009 1:23 PM

yeah 14, she should be named Christine Circumcision

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19 Posted by guest | Permalink Tuesday, October 13, 2009 1:27 PM

PE, have you had that hairline fracture on your hip checked out by Doctor Emeritus?

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20 Posted by guest | Permalink Tuesday, October 13, 2009 1:28 PM

19 = FAIL

21 Posted by Barack Marx | Permalink Tuesday, October 13, 2009 1:29 PM

I beg to differ with Mr. Emeritus. My administration firmly supports the trial bar in its efforts to redistribute wealth based on the flimsiest reasoning. Ms. Mancision will undoubtedly recover a sizable judgment or settlement from both her ham handed dance partner and, more importantly, the corporate giant Hyatt. In the absence of tort reform, the trial bar will use every weapon in their arsenal to extract funds from the graceless Mr. Graeber and the socially irresponsible Hyatt Corporation. My administration supports any such redistribution of wealth as a matter of principle although the fact that Ms. Mancission is a hedge fund employee weighs against her.

In summation, summary judgment will not be granted against the plaintiff and she will recover a substantial amount of damages (minus 33%).

Barack x.

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22 Posted by guest | Permalink Tuesday, October 13, 2009 1:30 PM

I've been cut off at weddings before. Never at a Hyatt, though, and never in Morristown.

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23 Posted by guest | Permalink Tuesday, October 13, 2009 1:30 PM

11 - good call, the fall to the floor probably didn't cause her broken wrist. it's a liability case if anything; reread prosser on torts for class and give me a two page memo on why you have no idea what you're talking about.

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24 Posted by guest | Permalink Tuesday, October 13, 2009 1:33 PM

she just can't handle a strong man

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25 Posted by guest | Permalink Tuesday, October 13, 2009 1:34 PM

20, it's an invitation for DE (who I like) to comment, not a joke. But that's apparently too subtle for you, so next time I'll spell it out more literally. 19

26 Posted by Partner Emeritus | Permalink Tuesday, October 13, 2009 1:34 PM

This comment is addressed to post no. 23.

You are clearly a law school plebe that has no idea how the law works. The jury will no cause (as in no cause of action you nimrod) this case if it goes to trial.

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27 Posted by guest | Permalink Tuesday, October 13, 2009 1:36 PM

26 - that's great. jury coming back with no cause means they came back with no cause of action. i think it's time for contracts bucko. where is the special verdict line for "cause of action" anyways?

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28 Posted by guest | Permalink Tuesday, October 13, 2009 1:42 PM

If she had any alcohol contributory negligence. . . .Oh I hope NJ is a pure state and she's 1% at fault and gets NOTHING. . . .what a waste of carbon this chick is

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29 Posted by guest | Permalink Tuesday, October 13, 2009 1:45 PM

NJ follows the modified comparative negligence rule (i.e., 51%)

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30 Posted by guest | Permalink Tuesday, October 13, 2009 1:46 PM

Mystal,

You are a fat talentless walrus monster.

That is all.

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31 Posted by guest | Permalink Tuesday, October 13, 2009 1:47 PM

From the NY POST comments section

I was at the wedding. I saw him spinning her on the floor and the subsequent fall. The article fails to mention how drunk she was. So much so that the paramedics mentioned their concern over it. I hope I get the opportunity to testify to that fact. What a joke.

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32 Posted by guest | Permalink Tuesday, October 13, 2009 1:48 PM

I wonder if she has a raging fire bush.

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34 Posted by guest | Permalink Tuesday, October 13, 2009 1:53 PM

Reported only in the police report is the fact that the guy fucked her in the ass right before he flung her to the side of the room as his dick slid out of her ass. Her only complaint at the time was the brievity of the ass fucking.

35 Posted by Doctor Emeritus | Permalink Tuesday, October 13, 2009 1:55 PM

Partner Emeritus: I received your message but you did not provide an email address for me to send you my examination notes. I trust you will not object to my posting the notes here:

"Can no longer cover up problems. Pervasive and persistent memory loss impacts life across settings. Rambling speech, unusual reasoning, confusion about current events, time, and place. Potential to become lost in familiar settings, sleep disturbances, and mood or behavioral symptoms accelerate. Emotional and behavioral problems which are aggravated by stress and change. Slowness, rigidity, tremors, and gait problems impact mobility and coordination. Need structure, reminders, and assistance with activities of daily living."

Please call my office so JaKe and I can coordinate interviews with the assisted living facilities.

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36 Posted by guest | Permalink Tuesday, October 13, 2009 1:56 PM

@34 - I think the same thing happened at the rooftop ATL gathering.

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37 Posted by guest | Permalink Tuesday, October 13, 2009 1:56 PM

Miserable cunt

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38 Posted by guest | Permalink Tuesday, October 13, 2009 1:58 PM

JaKe,

May I please pleasure myself with your mouth and anus?

Shafeef

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39 Posted by guest | Permalink Tuesday, October 13, 2009 2:05 PM

This is why nobody likes women.

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40 Posted by guest | Permalink Tuesday, October 13, 2009 2:05 PM

I am amazed at how little law Mystal, PE, and most others on this site actually know.

Dram shop and social host liability. Google it. There is cause of action against the hotel.

And for you, PE, it might be foreseeable that serving a drunk guy more alcohol would result in a dancing mishap . . . at least to the point of being a question for the jury to decide.

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41 Posted by guest | Permalink Tuesday, October 13, 2009 2:07 PM

LOL @ Doctor Emeritus, keep it coming

19/25

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42 Posted by guest | Permalink Tuesday, October 13, 2009 2:08 PM

39, a bitch ain't a woman.

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43 Posted by guest | Permalink Tuesday, October 13, 2009 2:10 PM

Most people here know about dram shop and host liability. They also know a BS claim when they see one.

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44 Posted by guest | Permalink Tuesday, October 13, 2009 2:12 PM

good post elie

45 Posted by Partner Emeritus | Permalink Tuesday, October 13, 2009 2:13 PM

This comment is addressed to post no. 40 a/k/a Mr. Watters:

So will you undertake my social host liability case against a well established go-go facility? I think ultimately the jury will decide that your client was 51% or more liable for her own injuries and you will lose. Morris County, New Jersey has about 1 lawyer for every 12 residents so I am sure there will be at least one juror that will see this case for what it truly is.

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46 Posted by guest | Permalink Tuesday, October 13, 2009 2:13 PM

@40

I know a dram shop case and a bunch of crap when I see it. See 31, process information, give me a short 1 paragraph memo on why you are wrong.

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47 Posted by guest | Permalink Tuesday, October 13, 2009 2:14 PM

Mystal has his period today.

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48 Posted by guest | Permalink Tuesday, October 13, 2009 2:16 PM

@41 just blow him and get it over with already

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49 Posted by guest | Permalink Tuesday, October 13, 2009 2:16 PM

Since she's suing any and everybody she thinks she can squeeze a dime out of, why not her sister or new brother-in-law; they're the ones that invited the oaf to the wedding reception! What a money hungry twit!

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50 Posted by guest | Permalink Tuesday, October 13, 2009 2:17 PM

Mystal=walrus

51 Posted by Pacific Reporter | Permalink Tuesday, October 13, 2009 2:26 PM

I'd throw her on the floor too!

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52 Posted by guest | Permalink Tuesday, October 13, 2009 2:28 PM

48 = 20 = Dick

53 Posted by Partner Emeritus | Permalink Tuesday, October 13, 2009 2:29 PM

Unfortunately, neither the plaintiff nor her attorney will be "dancing to the bank." That is all.

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54 Posted by guest | Permalink Tuesday, October 13, 2009 2:29 PM

I have to say, this lawsuit isn't that crazy. It's not like she is claiming intentional infliction of emotional distress and is too scared to go to weddings now. She did break her wrist. The fact that she danced in college is completely unremarkable. This may be the worst post I've seen on ATL all year. We seem to be getting to high school-level sniping.

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55 Posted by guest | Permalink Tuesday, October 13, 2009 2:44 PM

@ PE and 46:

She may have been contributorily negligent by being intoxicated, but if she were only 49% negligent, she still recovers. Just because one is drunk doesn't necessarily make her totally--or mostly--at fault. In addition, there has to be causation between her recklessness (i.e. the drinking) and the injury: if he threw her in a drunken rage, her own intoxication may not be relevant.

Moreover, her own intoxication may even be used against the Hyatt as evidence it was negligent in (or even knowledgeable of) its over-distribution of alcohol.

I'm not saying she will win, but I am saying the case is not so cut-and-dry. I don't make the laws, I just enforce them.

- 40

56 Posted by Satchel | Permalink Tuesday, October 13, 2009 2:47 PM

32

Not anymore. I used my baby gravy to put out the fire on her crotch not that long ago. Hopefully she didn't let it get out of control again.

-Satchel

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57 Posted by guest | Permalink Tuesday, October 13, 2009 2:52 PM

This chick is probably the dumbest mofo ever. First, she is suing her boyfriends boss's brother, nice way to get him fired. Second, she obviously hired Lionel Hutz because she is suing the Hyatt for $1,000,000 (for a broken wrist) because they host weddings. The dram shop act, really? Finally, I am sure she had nothing to drink and will not fold like a cheap suit on cross. Yeah, good luck with this one.

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58 Posted by guest | Permalink Tuesday, October 13, 2009 2:58 PM

Stuff like this will cause "drink tickets" to be handled out at receptions. *Sigh* There goes the neighborhood.

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59 Posted by guest | Permalink Tuesday, October 13, 2009 2:59 PM

I wonder if her attorney has had a chance to ass fuck her yet. He should at least get that out of the case, because he isn't likely to get much of a fee.

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60 Posted by guest | Permalink Tuesday, October 13, 2009 3:00 PM

I bet all joy in this wedding was quickly siphoned out by this lawsuit. Hope people don't blame it on the lawyers.

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61 Posted by guest | Permalink Tuesday, October 13, 2009 3:03 PM

Mystal, repeat after me: contributory negligence is not a defense to an intentional tort.

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62 Posted by guest | Permalink Tuesday, October 13, 2009 3:09 PM

Dear Mr. Partner E.:

After practicing 25 years plus, I know exactly how the system works. BigLaw representing the wedding venue will overstaff and milk its client like Elsie the cow.

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63 Posted by guest | Permalink Tuesday, October 13, 2009 3:12 PM

Comment removed by moderator.

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64 Posted by guest | Permalink Tuesday, October 13, 2009 3:13 PM

Her Linked In profile included "dance ensmble" while at Gettysberg. She must have focussed her extracurricular efforts at the Alpha Delta Pi Sorority rather than the dance studio. Now works at a hedge fun - well, they ar epretty piggy aboiut everything, so this may be in character,

Her parents must be mortified by the responses (especially on ATL) that this lawsuit is engendering.

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65 Posted by guest | Permalink Tuesday, October 13, 2009 3:14 PM

Wow, there are a lot of unemployed attorneys hear, especially that weird partner emeritus dude...all he does is post and respond all day. Do you ever go outside?

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66 Posted by guest | Permalink Tuesday, October 13, 2009 3:14 PM

Wow, there are a lot of unemployed attorneys here, especially that weird partner emeritus dude...all he does is post and respond all day. Do you ever go outside?

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67 Posted by guest | Permalink Tuesday, October 13, 2009 3:19 PM

Her Linked In profile included "dance ensmble" while at Gettysberg. She must have focussed her extracurricular efforts at the Alpha Delta Pi Sorority rather than the dance studio. Now works at a hedge fun - well, they ar epretty piggy aboiut everything, so this may be in character,

Her parents must be mortified by the responses (especially on ATL) that this lawsuit is engendering.

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68 Posted by guest | Permalink Tuesday, October 13, 2009 3:21 PM

I'm a big, oafish, hulking man often seen at weddings and other shindigs. I played Football in Middle School and now I'm like a big "Teddy Bear" kind of guy. When awesome songs come on, like House of Pain's "Jump Around", well, I'm gonna grab some girl, twirl her and then Jump Around - on her head, WHATEVER. It's a WEDDING for Chrissakes. Someone said it was impossible for her to twirl in the same direction that I grabbed her wrist, tangling her all up. Yeah and so what? The most important things is that I JUMP AROUND, with full legal impugnity for anyone I assault while Jumping Around.

Glad you all agree.

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69 Posted by guest | Permalink Tuesday, October 13, 2009 4:13 PM

I don't blame her for suing, and no, I have never met the girl. The drunk bastard broke her wrist and it required very serious surgery. I think if it was your wife or sister or something, you would see this differently. I would kick the guy's ass (I can't believe this board supports some hedge fund asshole) and sue him - both!

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70 Posted by guest | Permalink Tuesday, October 13, 2009 4:39 PM

69: She is the hedge fund asshole

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71 Posted by guest | Permalink Tuesday, October 13, 2009 5:04 PM

69,

I agree, but I would not go after the hotel. If I could not get the oaf then I would just leave it alone as far as legal matters.

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72 Posted by guest | Permalink Tuesday, October 13, 2009 5:32 PM

I had a mancision once, but I had it stitched shut,

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73 Posted by guest | Permalink Tuesday, October 13, 2009 5:43 PM

This is a tricky case. The claim against Graeber seems to be one for both battery and negligence; all you corporate types with Top tier educations can figure those out.

The interesting part of this case involves the Hyatt's liability. Absent a claim of defective dance floor (which seems omitted) the only remainder avenue towards recompense is dram-shop... i.e. foreseeable that by serving a visibly intoxicated individual, the Hyatt, via its agents, employees and independent contractors and those who held themselves out as the same, increased the likelihood of harm caused by said visibly drunk guy to unsuspecting litigant.

At least in New York, Dram Shop is not an easy theory to win on. However, Hyatt likely has a million dollar liability policy and the holder of the account will not want to risk big exposure, so the case settles for $65,000 after a summary judgment is defeated because the Plaintiff will raise a question of fact as to whether the Hyatt served a visibly intoxicated individual based on the testimony of her equally litigious but slightlly less attractive friend of the Plaintiff.

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74 Posted by guest | Permalink Tuesday, October 13, 2009 5:48 PM

When will plaintiff's lawyers learn to tell their clients: take down your social media postings BEFORE filing the lawsuit?

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75 Posted by guest | Permalink Tuesday, October 13, 2009 7:41 PM

"right OFF OF a dance floor" -- stop it with the double prepositions already!!!

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76 Posted by guest | Permalink Tuesday, October 13, 2009 8:42 PM

GET OFF OF HER!!!!

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77 Posted by guest | Permalink Tuesday, October 13, 2009 9:12 PM

i'd do her if wasn't so obvious she didn't like it rough. actually, who am i kidding? i'd do her anyways.

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78 Posted by guest | Permalink Wednesday, October 14, 2009 12:26 AM

I'd do her but it'd take a bottle of champagne and some qualudes.

- Roman

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79 Posted by guest | Permalink Wednesday, October 14, 2009 9:21 AM

re this lawsuit.......the pussification of America continues. Ridiculous.

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80 Posted by guest | Permalink Wednesday, October 14, 2009 10:09 AM

Comment censored by commentator.

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81 Posted by guest | Permalink Wednesday, October 14, 2009 11:04 AM

57 - +1. She will soon be single and her ex-boyfriend unemployed and she totally deserves it if she was hammered enough on the dance floor to be medically concerning, was unable to maintain balance, and is suing the hotel and her dance partner for the resulting injury.

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82 Posted by guest | Permalink Wednesday, October 14, 2009 4:22 PM

Looks like she broke her face on the dance floor.

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