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Ryanh!!! Contact Me Asap!!! Hurry!!!!
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Natymike
New member
If it is bothering you that much then tell it to a lawyer that only gets paid on contingency, meaning you don't pay him unless he wins.
This story is crazy but you will need more than your word to take him down, take a tape recorder in there next time or get a bunch of other witnesses.
Keep in mind that lawsuits are long, costly, and a pain the ass so be sure you are all for it.
This story is crazy but you will need more than your word to take him down, take a tape recorder in there next time or get a bunch of other witnesses.
Keep in mind that lawsuits are long, costly, and a pain the ass so be sure you are all for it.
It is not bothering me that much rather than the fact that nobody gets treated this way. Think about it. What if this had been McDonalds?
What if I had been a designated driver and after getting thrown out, the person I was driving drove home and had a wreck?
It is the general principle behind this. The man was purely jealous. I walk in, dressed sharply, in superb shape, and every eye in the bar is following me. And this daughty little tramp decides to throw a hissy fit.
I would write the owner of the bar a letter, but how does one go about learning the name of the owner and the address? If this were YOUR business, wouldn't you want to be aware of how YOUR customers are being treated?
What if I had been a designated driver and after getting thrown out, the person I was driving drove home and had a wreck?
It is the general principle behind this. The man was purely jealous. I walk in, dressed sharply, in superb shape, and every eye in the bar is following me. And this daughty little tramp decides to throw a hissy fit.
I would write the owner of the bar a letter, but how does one go about learning the name of the owner and the address? If this were YOUR business, wouldn't you want to be aware of how YOUR customers are being treated?
musclebrains
New member
You want to interrupt your vacation to sue an angry bartender in an alcoholic bar for geriatrics? This bar is nicknamed "The Wrinkle Room." It's like the last stop on the way to gay death and probably the smokiest bar in the city.
I'm not excusing the guy's behavior, Anal, but I'm 42 and I'm a baby in there. I assume you're going there to accompany a friend, as I do now and then and did last weekend. Anyone who is not attached to an oxygen tank or wearing defibrillation paddles is assumed to be there because he's into necrophilia or hustling. You don't have to be built to get attention there. You just need to be breathing regularly.
Call the Ansley Mall management if you want the name of the bar owner...or call the bar. They probably open at 9 in the morning.
I'm not excusing the guy's behavior, Anal, but I'm 42 and I'm a baby in there. I assume you're going there to accompany a friend, as I do now and then and did last weekend. Anyone who is not attached to an oxygen tank or wearing defibrillation paddles is assumed to be there because he's into necrophilia or hustling. You don't have to be built to get attention there. You just need to be breathing regularly.
Call the Ansley Mall management if you want the name of the bar owner...or call the bar. They probably open at 9 in the morning.
D
dballer
Guest
Anal AssPlorer said:
This is the real question here... I think you could do some damage to this place if you convey this story to the right person.
RyanH
New member
Plorer---
You can't sue for defamation b/c defamation requires a written publication.
You can't sue for infliction of emotional distress unless 1) the conduct was extreme and outrageous, 2) the bartender intended to cause severe emotional distress, and 3) the conduct must have caused severe emotional distress. If you can prove all three of these elements, you would prevail. Most plaintiffs who have been humiliated will use this legal theory as their cause of action. However, infliction of emotional distress is EXTREMELY difficult to win on, and you would need medical/psych. records to back up your claim. NOt to mention the cost of litigation.
Unfortunately, there is no claim recognized under the law for public embarrasement, and because you were in a private club, unfortunately the guy had every right to ask you to leave. If the guy had touched you, then the facts would be much more favorable to you.
My best advice to you is to stop by the bar or call during the day and see if you can speak with the owner. You might even fire off a letter threatening legal action for infliction of emotional distress. (even though you most likely would not win---the owner would necessarily know that). Bluff the owner by threatening action and see if you can get an apology from him or the employee fired. Threatening legal action isn't against the law, only pursuing a frivolous claim is......
YOu might want to ask someone else trained in tort law for their advice as well---since tort law is not my area, most of my knowledge is with corporate/constitutional areas.
Sorry to hear about the incident, but to be honest with you the baretnder's actions don't make a lot of sense.....you probably had someone whispering negative shit aoout you to the bartender or maybe he was just pissed that you were the belle of the ball.
Ryan.
You can't sue for defamation b/c defamation requires a written publication.
You can't sue for infliction of emotional distress unless 1) the conduct was extreme and outrageous, 2) the bartender intended to cause severe emotional distress, and 3) the conduct must have caused severe emotional distress. If you can prove all three of these elements, you would prevail. Most plaintiffs who have been humiliated will use this legal theory as their cause of action. However, infliction of emotional distress is EXTREMELY difficult to win on, and you would need medical/psych. records to back up your claim. NOt to mention the cost of litigation.
Unfortunately, there is no claim recognized under the law for public embarrasement, and because you were in a private club, unfortunately the guy had every right to ask you to leave. If the guy had touched you, then the facts would be much more favorable to you.
My best advice to you is to stop by the bar or call during the day and see if you can speak with the owner. You might even fire off a letter threatening legal action for infliction of emotional distress. (even though you most likely would not win---the owner would necessarily know that). Bluff the owner by threatening action and see if you can get an apology from him or the employee fired. Threatening legal action isn't against the law, only pursuing a frivolous claim is......
YOu might want to ask someone else trained in tort law for their advice as well---since tort law is not my area, most of my knowledge is with corporate/constitutional areas.
Sorry to hear about the incident, but to be honest with you the baretnder's actions don't make a lot of sense.....you probably had someone whispering negative shit aoout you to the bartender or maybe he was just pissed that you were the belle of the ball.
Ryan.
Prometheus
New member
RyanH said:
RyanH -
do you know that there is a distinction between libel and slander? if you do, then you know your statement above is not correct. if you do not, please look it up.
have you been telling people you are a lawyer??? - if that is true, you should know the potential perils involved in giving legal advice on a public forum.
if you are not, then you might find the various laws and regulations regarding the unlicensed practice of law to be an interesting read.
FreeballinDC
Dumper Humper
Did this guy look like he was on something like E or K? Very disturbing behavior from a service "professional".
Also, did he actually throw a napkin at you? I would claim assault right there, especially if it were unprovoked. I'm kinda half kidding, but he could of thrown a glass or a knife instead.
Also, did he actually throw a napkin at you? I would claim assault right there, especially if it were unprovoked. I'm kinda half kidding, but he could of thrown a glass or a knife instead.
RyanH
New member
Prometheus said:
give it up. I'm well aware of the laws of attorney ethics which is why, if you brush up on your reading comprehension skills you will see that I have noted----that tort law is not an area I'm familiar with and perhaps he should seek independent legal advice.
And, of course I'm well aware of the distinction between libel and slander. Libel must be in some sort of writing or other form, spoken words will never do. Slander is spoken defamation but you still must proved that the victim's reputation has been damaged, and injury is not presumed. Thus you would have to prove an injury to the victim's reputation. Do you really believe that Plorer's reputation has been damaged by some punk bartender in a bar in midtown? Surely not.
Thus, try again. I have not undertaken representation of Plorer---I don't even know his name. The day I seek for business over the internet is the day I find another career.
Good day,
Ryan.
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