Hambly v. Splitting Kings 2 LLC, No. 27239-7-III (Wash. App. 5/12/2009), 27239-7-III.
| Decision Date | 12 May 2009 |
| Docket Number | No. 27239-7-III.,27239-7-III. |
| Court | Washington Court of Appeals |
| Parties | JEREMY A. HAMBLY and HEIDI J. GILBERT HAMBLY, husband and wife, Appellants, v. SPLITTING KINGS 2 LLC, d/b/a The Big Easy, Respondent, ROBERT G. REAGAN and MRS. ROBERT G. REAGAN, husband and wife, individually and the marital community comprised thereof, Defendants. |
Page 1
v.
SPLITTING KINGS 2 LLC, d/b/a The Big Easy, Respondent,
ROBERT G. REAGAN and MRS. ROBERT G. REAGAN, husband and wife, individually and the marital community comprised thereof, Defendants.
Appeal from Spokane Superior Court Docket No: 07-2-02402-1. Judgment or order under review Date filed: 06/06/2008. Judge signing: Honorable Gregory David Sypolt.
Counsel for Appellant(s), Dustin Douglass Deissner, Van Camp & Deissner, 1707 W Broadway Ave, Spokane, WA, 99201-1817.
Counsel for Respondent(s), Everett B Coulter Jr., Evans Craven & Lackie, 818 W Riverside Ave Ste 250, Spokane, WA, 99201-0994.
SCHULTHEIS, C.J.
Jeremy and Heidi Hambly were assaulted at a rock concert. They sued the concert venue. They asserted that, because the assailant had been previously kicked out of the venue's facility for his violent conduct, the concert venue knew the danger he posed to other patrons and therefore owed the Hamblys the duty to protect them from assault by him. Upon the concert venue's motion for summary judgment, the trial court struck the police report that purportedly set forth the assailant's violent history as known by the venue because the report could not be properly authenticated by counsel's declaration. The trial court granted summary dismissal. On appeal, the Hamblys contend that summary dismissal was improper because the venue owed them a duty. The Hamblys do not assign error to the evidentiary ruling. We discern no error and affirm.
The facts are presented as this court must review them — in the light most favorable to the Hamblys, the nonmoving party. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982).
On May 16, 2006, the Hamblys attended a concert at The Big Easy, a venue owned by Splitting Kings 2 LLC, to see a rock concert featuring the bands Shine Down and Trapped. The Hamblys arrived early, which allowed them to secure a coveted viewing position at the balcony railing. The bands were loud and the venue was crowded with fans dancing and shouting.
As the second act started, Robert Reagan elbowed his way to the rail of the balcony, pushing himself and his wife in front of Mrs. Hambly. Mrs. Hambly tapped Mr. Reagan on the shoulder and asked him to move down the railing because she was unable to see over him. Mr. Reagan belligerently responded that it was not his problem.
Mr. Reagan then began to push Mrs. Hambly back with his elbows. Mrs. Hambly informed her husband of Mr. Reagan's actions, and he told Mr. Reagan to refrain from touching Mrs. Hambly.
The Hamblys raised their arms and waived their hands in an attempt to call for security personnel. A person who identified himself as off-duty security for the venue came over and evidently recognized Mr. Reagan as they addressed each other by name.
At first the man said that he could not do anything because he was off duty, but then, when he realized that Mr. Reagan was causing problems, said that he would return with help. The Hamblys continued to attempt to get the attention of security while Mr. Reagan continued to elbow Mrs. Hambly. Mr. Hambly again told Mr. Reagan to keep his hands off of Mrs. Hambly.
Mr. Reagan then turned around and punched Mrs. Hambly in the face, knocking her to the ground. Mrs. Reagan jumped on top of her. As Mr. Hambly attempted to push Mr. Reagan away from Mrs. Hambly, Mr. Reagan used his feet to sweep Mr. Hambly's legs out from under him. Mr. Reagan then stomped on...
To continue reading
Request your trial