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Night & Day Mgmt., LLC v. Butler

Court of Appeals of Columbia District

October 23, 2014

NIGHT AND DAY MANAGEMENT, LLC, et al., APPELLANTS,
v.
THOMAS M. BUTLER, et al., APPELLEES, and THOMAS M. BUTLER, et al., APPELLANTS,
v.
NIGHT AND DAY MANAGEMENT, LLC, et al., APPELLEES

Argued September 24, 2014.

Page 1034

[Copyrighted Material Omitted]

Page 1035

Appeals from the Superior Court of the District of Columbia. (CAB-8033-12). (Hon. Anthony C. Epstein, Trial Judge).

Matthew August LeFande for appellants/cross-appellees.

David L. Shurtz for appellees/cross-appellants.

Before FISHER and EASTERLY, Associate Judges, and NEBEKER, Senior Judge.

OPINION

Page 1036

Fisher, Associate Judge :

These cross-appeals arise out of a fight at a nightclub. Plaintiffs Thomas M. Butler, Patrick K. Glover, Gerry M. Delilly, and Richard T. Short sued the owner of the Fur Factory Nightclub, defendant Night and Day Management, LLC, and its principal, defendant Michael R. Rehman, claiming that the lack of proper security caused the injuries they sustained. The trial court entered summary judgment for defendants because plaintiffs had not proffered the expert testimony regarding the appropriate standard of care that they would need to prevail; it also denied defendants' request for sanctions. We affirm both orders.

I. Background

A. The Nightclub Altercation

According to declarations submitted in opposition to defendants' motion to dismiss, on February 26, 2010, plaintiffs reserved a table in the VIP section of the Fur Factory Nightclub, located at 33 Patterson Street in Northeast Washington, D.C. At around 11:30 p.m., they ...


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