The former Cafe Mogambo in Garapan has asked the Superior Court to dismiss the negligence lawsuit filed by lawyer James Grizzard in connection with a 1993 incident that caused his injuries.<\/p>\n
Grizzard, in suing Mogambo, alleged that its innkeeper has failed to fulfill his duty to care for customers.<\/p>\n
The case arose from an incident in August 1993 when another lawyer Ted Mitchell pushed Grizzard onto a cigarette machine.<\/p>\n
The case has been under litigation for four years now.<\/p>\n
Citing an earlier Supreme Court doctrine, Mogambo’s lawyer Steve Pixley noted that “the proprietor is not an insurer of his patrons.”<\/p>\n
Mogambo said a tavern keeper is “only liable for negligence in receiving or harboring guests of known violent or vicious propensities.”<\/p>\n
“There is no credible evidence in the record to indicate that Mitchell’s attack on Grizzard was reasonably foreseeable to anyone including Mogambo,” Pixley stated in a motion for summary judgment filed Tuesday.<\/p>\n
Pixley said that “there is no evidence in the record that Mr. Mitchell has a known propensity for fighting.”<\/p>\n
There was, however, a previous incident indicating that Mitchell could be “verbally abusive without physically violent,” according to Pixley, who described Mitchell as a “loudmouth.”<\/p>\n
“There is no evidence of anyone warning Mogambo that this incident would take place,” Pixley said.<\/p>\n","protected":false},"excerpt":{"rendered":"
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