While patronizing a Brooklyn club, owned and operated by Percell Smith & Sons, Ricky Love got into an argument with another guy over a spilt drink. As he was being ejected by a bouncer, Love was thrown against a wall, suffered a broken jaw, and was later awarded $250,000 by a Kings County Supreme Court jury.
When Percell's request to set aside the verdict--on the grounds the bouncer was an "independent contractor" who exceeded the scope of his authority--was denied, the company appealed.
Since Percell's arguments weren't raised in the earlier stages of the case, the Appellate Division, Second Department, refused to consider them. But because it found the award to be "excessive" and unreasonable, Love was directed to accept $175,000 or undergo a new trial to determine damages.
Why would they push Love away?
To view a copy of the Appellate Division's decision, please use this link: Love v. Rockwell's Intl. Enters., LLC