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Hartline Barger Wins Summary Judgment for BYOB Establishment

Brian Rawson and Tyler Stuart were successful in obtaining a full dismissal for their client in a case involving an alleged assault in Dallas, Texas.

Plaintiff, Austin Peterson, alleged that he was tased and tackled by security guards at XTC Cabaret in Dallas, Texas on February 29, 2020. Plaintiff alleged that he sustained serious injuries as a result of the incident. He sued XTC Cabaret as well as its’ third-party security company for negligence, negligent hiring, training, supervision, and retention, as well as gross negligence.

Prior to the incident, Peterson had been a patron at XTC Cabaret, which is a BYOB club. After closing, Plaintiff was loitering outside and using racial slurs to other patrons. When asked to leave the premises, Plaintiff became hostile and was tased and detained until Dallas Police could arrive. Plaintiff was ultimately cited and convicted for public intoxication in connection with the incident.

Hartline Barger filed a motion for summary judgment arguing that (1) Plaintiffs claims were barred under Chapter 86 of the Texas Civil Practice and Remedies Code due to Plaintiff’s public intoxication conviction; (2) that XTC Cabaret was not responsible for the conduct of its’ independent contractor/ third-party security company; (3) XTC Cabaret had no duty to hire, train, or supervise the security guards involved in the incident; (4) that Plaintiff’s gross negligence claim was barred by Chapter 41 of the Texas Civil Practice and Remedies Code because it was predicated on the criminal conduct of someone other than XTC Cabaret; and (5) that Plaintiff had no evidence to support his claims. On November 28, 2022, Judge Marciela Moore, formerly of the 162nd Judicial District Court, agreed with Hartline Barger and granted XTC Cabaret’s, finding that Plaintiff had not provided sufficient evidence to support his claims. In doing so, the Court dismissed all claims against XTC Cabaret as well as all other Defendants in the case.

CAUSE/CASE NO: DC-21-10253

Judge: Marciela Moore

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