HoDo not at fault for fatal punch outside bar, jury finds

FARGO — The Hotel Donaldson is not liable for a fatal punch thrown outside the downtown Fargo bar after staff ejected several patrons who got into a fight inside, a Cass County jury decided Wednesday, Aug. 11.

After less than two hours of deliberation, jurors found the HoDo is not at fault in a lawsuit filed against it by Christopher Sang and Jennifer Grant . Sang and Grant’s husband, Jamie, were punched May 27, 2017, by Darren Patterson on a sidewalk outside the HoDo's south entrance.

The assault happened just moments after Patterson walked up to Jamie Grant inside the HoDo and twisted his arm behind his back. What has been described as a shoving match ensued before HoDo staff separated Patterson from Sang, Jamie Grant and his brother, Jeff Grant.

Patterson was sent out the west exit and walked across Broadway, and about a minute later, the Grant group was kicked out the south door. Video shows Patterson walking after the group, but not the two punches he threw.

Sang, who was punched first, suffered a brain injury that left him without his senses of taste and smell, as well as most of his memories of that night. Jamie Grant died nine days later from Patterson's second punch.

Patterson served 15 months in prison for the assault. Sang and Jennifer Grant also sued Patterson, but they settled out of court for an undisclosed amount.

The verdict came about a week after the civil trial began. Sang and Jennifer Grant alleged the HoDo were negligent in preventing Patterson’s assault. They claimed the bar’s lack of a written policy and training for handling altercations also played a role in stopping the deadly attack.

The HoDo argued it acted appropriately in ejecting Patterson and the Grant group. The business said the staff’s actions protected customers and employees, that Patterson was responsible for his own actions and the bar is not liable for what happens on a public sidewalk.

In the five days of testimony, several former HoDo employees and experts were called to the stand, as well as a patron who was inside at the time of the altercation and a passerby who said he heard the punches. Patterson, Sang, Jennifer Grant, Jeff Grant, several Microsoft employees who worked with Jamie Grant, and Jennifer and Jamie Grant's son, James, also testified.

One security expert called by HoDo attorney John Hughes said there is no written policy or standard on how bars are supposed to separate and eject patrons who fight inside establishments. Bars have to provide reasonable care, but policies are meant to be broad so staff can react to different situations with varying circumstances, said Elizabeth Dumbaugh, a partner with THG Consultants based in Sarasota, Fla.

That was at odds with testimony from security experts hired by the plaintiffs. Philadelphia security consultant Russell Kolins testified that best practices that are widely known by the bar industry dictate that staff identify an aggressor, send that aggressor out of the bar and allow the other party to stay inside until either police arrive or the aggressor disappears from sight.

If an aggressor can't be identified, staff should pick a party to eject, said Kolins, who was hired by Sang's attorney, Robert Hoy. The remaining party can be kept in a "safe haven", such as an entryway away from guests, he added.

That echoed testimony from Michael Gerard, a Chicago-based security expert hired by Jennifer Grant's attorney, Daniel Dunn. Gerard, who has 25 years of police experience that includes handling bar altercations, said staff made no effort to ensure Patterson left the area.

Hughes challenged that by noting a former HoDo manager testified that she saw Patterson heading north after crossing Broadway. Patterson also testified that he went north toward his car, but returned to the HoDo to get his keys from his wife, who was still inside the bar.

Hoy told jurors Patterson's testimony was unreliable. Video shows Patterson "marching" along the south sidewalk of the HoDo toward the Grant group without stopping, which contradicts his testimony that he paused to look into the windows of the bar.

Gerard suggested Patterson was waiting in a dark area where he could watch both exits of the HoDo. The plaintiffs argued Patterson would not have gone after the Grant group if he had not seen them exit the building.

The HoDo acted on the information they had at the time, Dumbaugh said. Had they let the Grant group stay in the south entryway, they could have been attacked if Patterson went in there, like he claimed he would, Dumbaugh added.

Jennifer Grant deserved to be paid between roughly $7.3 million and $10.3 million in damages, while Sang should have received between $800,000 and $1.3 million, their attorneys argued. Had jurors found the HoDo at fault, they would have decided how much Jennifer Grant and Sang were owed and what the HoDo should pay based on a percentage of fault also determined by the jurors.

Dunn said he and his client were disappointed by the ruling but respected it. They are considering options on how to move forward, he said.

“For Jenny, it was important that the truth came out of what happened that night,” he said. “Jenny would say that Jamie shouldn’t have died after meeting his brother and a friend for drinks at the HoDo. Hopefully, the HoDo and other bars will learn from this tragic situation.”

Hoy and HoDo attorney Elizabeth Kriz also declined to comment. HoDo owner Karen Stoker did not immediately return a message left by The Forum.

HOTEL DONALDSON CIVIL TRIAL COVERAGE:

• Trial date set for civil case connected to fatal punch outside Fargo bar
  
• Man who threw deadly punch outside HoDo expected to testify in civil trial
  
• Testimony in HoDo trial begins as jurors determine if bar could have foreseen fatal punch
  
• Contradicting witnesses, man who threw deadly punch outside HoDo says he was victim in lead-up to fight
  
• Man injured outside HoDo in attack that killed friend testifies about anguish, brain damage
  
• HoDo to call one witness to defend against claims it failed to prevent fatal attack
  
• Question of HoDo's liability for fatal punch is in jury's hands