Jackson v. A.M.F. Bowling Centers, Inc.

Decision Date23 January 2001
Docket NumberNo. Civ.A. DKC99-2704.,Civ.A. DKC99-2704.
Citation128 F.Supp.2d 307
PartiesDonald JACKSON v. A.M.F. BOWLING CENTERS, INC.
CourtU.S. District Court — District of Maryland

Curt S. Hansen, Milliken, Van Susteren & Canap, Jensen Egerton Barber, Jensen E. Barber & Associates, Washington, DC, for Plaintiff.

Mark T. Foley, Sasscer, Clagett & Bucher, Upper Marlboro, MD, for Defendant.

MEMORANDUM OPINION

CHASANOW, District Judge.

Pending before the court and ready for resolution in this negligence action is the motion for summary judgment of Defendant, A.M.F. Bowling Centers, Inc. ("A.M.F."). No hearing is deemed necessary, and the court now rules pursuant to Local Rule 105.6. For the reasons that follow, the court shall grant the motion.

I. Background

The following facts are undisputed or presented in the light most favorable to Plaintiff. Defendant entered into an oral agreement with Mr. Chauncy Maddox and Icy Ice Productions ("Icy Ice") to rent the A.M.F. bowling alley, in Adelphi, Maryland, every Sunday night for eight weeks from 10:00 p.m. - 2:00 a.m. so that Maddox and Icy Ice could host a series of events.1 Icy Ice and Maddox agreed to pay Defendant $2,000 per event to rent the facility. Icy Ice also agreed to be responsible for all physical damage that occurred during the events. Paper no. 16, Defendant's Answers to Interrogatories, No. 21 (hereinafter Plaintiff's exhibit 1). The circumstances involved in this case occurred at one of these events, a combination concert and dance. Specifically, it was the third concert and dance held at the bowling center under the A.M.F.-Icy Ice oral agreement.

Around midnight on July 21 or 22, 1996, Plaintiff, and five friends — Jeff Simms, Tabryn Taylor, Damien (no last name provided), William Miles and Thomas Payne — arrived at A.M.F. Upon entering the bowling alley, security guards searched Plaintiff, and presumably all other attendees. The guards made Plaintiff take off his shoes and smacked them together to ensure they contained no hidden weapons, made him take off his belt and checked his pants, patted him down, and checked his wallet and pockets. Paper no. 15, Deposition of Donald Jackson (hereinafter Defendant's exhibit 1) at 62-64.

It is undisputed that Maddox and Defendant initially agreed to employ 20 security guards. Defendant was to provide six guards and Icy Ice was to employ 14. For some reason, Icy Ice, with Defendant's knowledge, cancelled six of the 20 guards.2 It is also undisputed that several employees of Defendant were working that night, including the center manager, assistant manager, a mechanic and snack bar attendants.3

Shortly after entering the bowling alley, Plaintiff and Simms began dancing near each other. A group of approximately seven men began slam dancing beside Plaintiff, and one of the slam dancers bumped into him. Id. at 77-78. The dancers had apparently formed some sort of circle, and Plaintiff tried to get out of the way by stepping between them. Id. at 76, 80. The same dancer who bumped into Plaintiff then jumped directly in front of him, prompting Simms to intervene by stepping between them. Simms and the dancer then shook hands, and the altercation seemingly ended. Id. at 82.

When Plaintiff next turned around, another person in the group swung at him, but missed. Id. at 83. A fight ensued involving "a lot of other guys". Id. at 84. Plaintiff explains that he was not the target of an attack. Id. He also states that his friend Taylor also was fighting. Id. at 85. During the fight, another man, Jayzan Allen, jumped on Plaintiff's back, pushing him down on a table. Id. at 83, 85. Plaintiff thought Allen had hit him in the stomach, but later realized Allen had actually stabbed him. Simms pulled Allen off of Plaintiff. Id. At that time, security guards arrived and broke up the fight. A guard picked up Plaintiff from the table and told him to stand at that spot. Id. at 87.

As a result of the fray, Defendant's employees decided to shut down the event. Attendees were asked to leave and did so in an orderly fashion. Id. at 91. Plaintiff had known one of the security guards, Blaine J. Lawrence, since childhood. Lawrence approached Plaintiff and directed him to leave through a particular door. Paper no. 17 (Deposition of Donald Jackson at 93). Lawrence told Plaintiff that he did not believe the group with whom Plaintiff had been fighting had exited through that door.4 Id. at 95-96. As he left, Plaintiff was accompanied by his friend Payne. Id. at 93. Plaintiff claims that in the excitement, he had not realized yet that he had been stabbed. Consequently, as he was leaving, he did not tell any of the security guards or A.M.F. employees that he had been stabbed or that he needed medical assistance. Defendant's exhibit 1 at 90.

Once outside, Plaintiff saw the same group of men, including Allen. Some of the men were breaking bottles and coming toward Plaintiff. Id. at 96. A knife handle was mistakenly thought to be a gun by a person who yelled that Allen had a gun. Id. at 97. The crowd began screaming and trying to head back into the bowling alley. Some of the crowd made it back inside, and those who did not began banging on the door. Id. at 97-98.

The bowling alley's entrance had two sets of doors separated by a vestibule. The doors closest to the bowling alley closed before Plaintiff could make it back inside, and he only made it as far as the vestibule. At that point he says three men, including Allen, attacked him. Id. at 100. Allen stabbed Plaintiff a total of 14 times. Id. at 101. The second set of doors apparently were reopening, and Plaintiff sought to escape the attack by reentering the bowling alley. Plaintiff finally made his way back inside, but so did Allen. Once inside, Allen threw a bowling ball at Plaintiff, but missed. Allen again exited the bowling alley, and an off-duty police officer shot him in the parking lot. Id. at 107-08. Plaintiff fell unconscious, and an ambulance was summoned.

The complaint contains one count of negligence, for which Defendant seeks summary judgment.

II. Standard of Review

It is well established that a motion for summary judgment will be granted only if there exists no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In other words, if there clearly exist factual issues "that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party," then summary judgment is inappropriate. Anderson, 477 U.S. at 250, 106 S.Ct. 2505; see also Pulliam Inv. Co., Inc. v. Cameo Properties, 810 F.2d 1282, 1286 (4th Cir. 1987); Morrison v. Nissan Motor Co., Ltd., 601 F.2d 139, 141 (4th Cir.1979); Stevens v. Howard D. Johnson Co., 181 F.2d 390, 394 (4th Cir.1950). The moving party bears the burden of showing that there is no genuine issue of material fact. Fed. R.Civ.P. 56(c); Pulliam, 810 F.2d at 1286 (citing Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979)).

When ruling on a motion for summary judgment, the court must draw all reasonable inferences in favor of and construe the facts in the light most favorable to the non-moving party. Tinsley v. First Union Nat'l Bank, 155 F.3d 435, 437 (4th Cir. 1998). A party who bears the burden of proof on a particular claim must factually support each element of his or her claim. "[A] complete failure of proof concerning an essential element ... necessarily renders all other facts immaterial." Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Thus, on those issues on which the nonmoving party will have the burden of proof, it is his or her responsibility to confront the motion for summary judgment with an affidavit or other similar evidence. Anderson, 477 U.S. at 256, 106 S.Ct. 2505.

In Celotex, the Supreme Court stated:

In cases like the instant one, where the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the "pleadings, depositions, answers to interrogatories, and admissions on file." Such a motion, whether or not accompanied by affidavits, will be "made and supported as provided in this rule," and Rule 56(e) therefore requires the non-moving party to go beyond the pleadings and by her own affidavits, or by the "depositions, answers to interrogatories, and admissions on file," designate "specific facts showing that there is a genuine issue for trial."

Celotex, 477 U.S. at 324, 106 S.Ct. 2548. However, "`a mere scintilla of evidence is not enough to create a fact issue.'" Barwick v. Celotex Corp., 736 F.2d 946, 958-59 (4th Cir.1984) (quoting Seago v. North Carolina Theatres, Inc., 42 F.R.D. 627, 632 (E.D.N.C.1966), aff'd, 388 F.2d 987 (4th Cir.1967)). There must be "sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (citations omitted).

III. Analysis

Plaintiff asserts that Defendant was negligent under two theories: (1) failing to provide a safe environment to Plaintiff, as a business invitee, and (2) locking Plaintiff out of the premises when he was in danger. Paper no. 16 at 7. Both theories fail.

To recover in a negligence action, a plaintiff must show (1) a duty that was breached, (2) a causal connection between the breach and his injury, and (3) damages. Brown v. Dermer, 357 Md. 344, 356, 744 A.2d 47, 54 (2000) (citing Richwind Joint Venture 4 v. Brunson, 335 Md. 661, 670, 645 A.2d 1147, 1151 (1994) (citations omitted)). Whether a legal duty exists is a question of law. Valentine v. On Target, Inc., 353 Md. 544, 549, 727 A.2d 947, 949 (1999); see also Restatement (Second)...

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