Heather McGee saw a customer sitting at the bar of the restaurant where she worked, tapped him on the back of the head, and when he turned around, she was hit by the guy's elbow as she was drinking from a glass.
When McGee later sued the patron and the establishment's owners seeking compensation for her injuries, the Suffolk County Supreme Court ended up throwing out her case.
Because the customer wasn't responsible for what unfolded, the Appellate Division, Second Department, agreed that dismissal was appropriate. (It was of the view no "duty of care" had been violated.)
That was touching.
To view a copy of the Appellate Division's decision, please use this link: McGee v. JLPC Corp.