A man who was punched by a Surrey pub patron is seeking to have the courts hold the establishment liable for allegedly over-serving the man who assaulted him.

Justice Gordon Funt, via videoconference in B.C. Supreme Court in Vancouver, heard that Andrew Garisto was punched by Ronald Goudie, whom hesa国际传媒檇 not previously met, after leaving the Dublin Crossing Irish Pub at closing time on Aug. 14, 2016.

Garisto said the assault came without warning, and the punch caused him to fall and hit his head on the pavement, resulting in a skull fracture and traumatic brain injury. Goudie has pleaded guilty to aggravated assault.

Defendant Craic Holdings No. 2 Limited, doing business as the pub, which is located at 18789 Fraser Highway, did not admit to over-serving Goudie but argued that even if had, it should not be found liable in this case because unlike impaired driving, a patron suddenly assaulting another is not reasonably foreseeable.

sa国际传媒淥n this basis, Dublin Crossing seeks to sever the question of liability from damages and seeks to have the action dismissed as against it because, even if over-serving were proven, it would, as a matter of law, not be liable,sa国际传媒� Funt noted in his June 28

He dismissed the defendantsa国际传媒檚 application for a summary trial including severance of liability.

sa国际传媒淭he standard of care is determined, in large measure, based on the factual context, which includes whether the specific risk of harm was reasonably foreseeable,sa国际传媒� Funt decided. sa国际传媒淚n the case at bar, justice requires that the factual context be determined by way of a conventional trial.sa国际传媒�

The plaintiffsa国际传媒檚 lawyer John Richter, of Richter Trial Lawyers, argued that a conventional trial is needed to establish Goudiesa国际传媒檚 level of intoxication, allegations that Dublin Crossingsa国际传媒檚 staff breached the Serving it Right program and the pubsa国际传媒檚 own policies, and to hear evidence from experts concerning a causal link between intoxication and aggression, including assaults.

Funt noted Garisto is seeking punitive damages and in his view, consideration of whether they should be awarded, and if so the amount, sa国际传媒渁re best determined by way of a conventional trial.

The judge added he made no findings of fact, in particular if Goudie was over-served, and concluded that on the sa国际传媒渨hole of the evidence before the court on this application, I am unable to find the facts necessary to decide the issues of facts or law and, further, it would not be just to do so. A conventional trial is the just approach.sa国际传媒�

tom.zytaruk@surreynowleader.com
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