Robert Wargo Wins Unanimous Summary Judgment Defense in Nightclub Performance Injury Case

Los Angeles Senior Counsel Robert Wargo successfully defended an appeal of a dismissal on summary judgment in a case involving a head injury suffered by an audience member during a performance at a popular West Hollywood nightclub. Plaintiff was hit in the head by a bar that fell from the ceiling during a performance at the nightclub after a performer had hung from it during the course of the show. Plaintiff had “resolved” a claim against the nightclub arising out of the incident, but sought damages from our client, the company which employed and managed the entertainers who were performing that night.

The trial court granted summary judgment and dismissed Plaintiff’s claim, finding that neither our client nor the performers they employed were obligated to inspect the nightclub’s facilities before commencing their performance, and even if they had, “there was no evidence of a loose bar prior to the event that injured [Plaintiff].” Plaintiff appealed, putting forward several arguments which the appeals court repeatedly described as being “inconsistent with the undisputed fact(s)” stipulated to in the trial court record. Ultimately, the court found the appeal completely without merit and unanimously affirmed summary judgment dismissing the suit against our client.

Robert P. Wargo is a senior counsel in the Los Angeles office of Manning & Kass where he practices on the Strategy, Writs, and Appeals Team. Mr. Wargo has extensive experience handling civil litigation and appellate matters. He has worked on 25 appeals in both state and federal court, including oral argument, and has both brought and defended pre- and post-trial motions, including motions to dismiss, motions for summary judgment, and pretrial evidentiary motions.