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Casey v. Ward

United States District Court, D. Columbia.

September 5, 2014

PAUL D. CASEY, individually and as administrator of the Estate of Patrick D. Casey, et al., Plaintiffs,
v.
JASON WARD, et al., Defendants

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[Copyrighted Material Omitted]

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For PAUL D. CASEY, Individually and as administrator of the Estate of Patrick D. Casey, ABIGAIL O. CASEY, Plaintiffs: Brendan J. Klaproth, LEAD ATTORNEY, KLAPROTH LAW PLLC, Washington, DC; Stephen R. Pickard, PRO HAC VICE, LAW OFFICES OF STEPHEN R. PICKARD, Alexandria, VA.

For JASON WARD, Defendant: Gregg E. Viola, LEAD ATTORNEY, Mark P. Johnson, ECCLESTON AND WOLF, P.C., Hanover, MD.

For JUSTIN RUARK, Defendant: David Drake Hudgins, LEAD ATTORNEY, HUDGINS LAW FIRM, P.C., Alexandria, VA.

For BRIAN GIBLIN, Defendant: Dawn E. Boyce, LEAD ATTORNEY, BANCROFT, MCGAVIN, HORVATH & JUDKINS, P.C., Fairfax, VA; Steven W. Bancroft, PRO HAC VICE, BANCROFT, MCGAVIN, HORVATH & JUDKINS, P.C., Fairfax, VA.

For MCDONALDS CORPORATION, KYUNG RHEE, doing business as, RHEE'S MCDONALDS, Defendants: Joseph John Bottiglieri, Michael Lawrence Pivor, LEAD ATTORNEY, BONNER KIERNAN TREBACH & CROCIATA, LLP, Washington, DC.

For 19TH & K INC, doing business as, OZIO, Defendant: Dominic G. Vorv, LEAD ATTORNEY, THE VORV FIRM, PLLC, Washington, DC.

For R A H OF WASHINGTON, D.C., INC, doing business as, CAMELOT, Defendant: D. Stephenson Schwinn, LEAD ATTORNEY, JORDAN, COYNE & SAVITS, L.L.P., Fairfax, VA.

For GOOD LIFE 1831 M LLC, doing business as, MIGHTY PINT, Defendant: Scott Howard Rome, LEAD ATTORNEY, THE VERITAS LAW FIRM, Washington, DC.

For DC IRISH LLC, doing business as, SIGN OF THE WHALE, Defendant: Kevin Michael Murphy, LEAD ATTORNEY, Erin D. Hendrixson, CARR MALONEY PC, Washington, DC.

For 1900 M RESTAURANT ASSOCIATES INC, doing business as, RUMORS RESTAURANT, Defendant: Janet Marsha Nesse, LEAD ATTORNEY, Stinson Leonard Street LLP, Washington, DC.

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MEMORANDUM OPINION

RICHARD J. LEON, United States District Judge.

[Dkt. ##21, 26, 29, 34, 37, 43, 44, 47, 55, 59, 60, 64, 82]

Plaintiffs Paul and Abigail Casey (" plaintiffs" )[1] brought this action against defendants[2] on September 23, 2013, seeking damages under the District of Columbia's Wrongful Death Act, D.C. Code § 16-2702, and the District of Columbia General Survival of Tort Actions Act (" Survival Act" ), D.C. Code § 12-101, for the death of their son, Patrick Casey (" Casey" ). See Complaint[3] (" Compl." ) [Dkt. #1]; Amended Complaint[4] (" Am. Compl." ) [Dkt. #40]. Now before the Court are defendants' motions to dismiss the Amended Complaint.[5] Upon consideration of the parties' pleadings, relevant law, and the entire record in this case, the Court GRANTS Sign of the Whale's Motion to

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Dismiss the Amended Complaint, Camelot's Motion to Dismiss the Amended Complaint, and Mighty Pint's Motion to Dismiss the Amended Complaint, and GRANTS, in part, McDonald's Motion to Dismiss the Amended Complaint, M St. McDonald's Motion to Dismiss the Amended Complaint, Giblin's Motion to Dismiss the Amended Complaint and Supplemental Motion to Dismiss the Amended Complaint, and Ward's Motion to Dismiss the Amended Complaint.

BACKGROUND

All of the claims in this case stem from events leading up to the untimely death of Patrick Casey--the plaintiffs' son--on September 27, 2011. On the evening of September 22, and early morning of September 23, 2011, defendants Ward, Ruark, and Giblin (together " individual defendants" ) were out drinking on M Street in Northwest Washington, DC. See Am. Compl. ¶ ¶ 23, 30-31, 51. Over the course of the night, the individual defendants visited bars Ozio, Mighty Pint, Sign of the Whale, Rumors, and Camelot (together " bar defendants" ), and consumed alcohol at each location. See id. Both Sign of the Whale and Mighty Pint were offering various alcoholic drink specials that night. See Am. Compl. ¶ ¶ 25-27, 30. Plaintiffs allege that the individual defendants were " visibly intoxicated," and despite their appearance, each of the bar defendants continued to serve them alcohol. See Am. Compl ¶ ¶ 24, 28-30.

After " bar-hopping" amongst the bar defendants, the individual defendants arrived at defendant M St. McDonald's at approximately 2:21 am. See Am. Compl. ¶ ¶ 30, 33. Shortly thereafter, Casey arrived at the same McDonald's, meeting a group of friends. See Am. Compl. ¶ 37. After exhibiting rowdy behavior in line, the individual defendants allegedly engaged in a verbal altercation with Casey and his friends. See Am. Compl. ¶ ¶ 35-36, 38. During the altercation, David Lindsey (" Lindsey" )--one of Casey's friends--attempted to leave the McDonald's. See ...


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