A judge on Wednesday tossed a civil suit by a man who claimed he severely beat his girlfriend in 2012 because a Pennsylvania casino served him 15 double whiskeys, The Morning Call reports.
Halting the trial in its second day in Northampton County Court in Easton, Judge Paula Roscioli said Nicholas Mullins had no one to blame but himself.
Mullins, who served four years in prison for the assault, had sought monetary damages from the Sands in Bethlehem, arguing it over-served him alcohol before he attacked his then-fiancee in their hotel room.
Testifying on Tuesday in the first day of the trial, Mullins said the last thing he could recall clearly before the assault was spilling his drink on the poker table as he gambled at the Sands Casino Resort Bethlehem, the Morning Call reported.
The Sands denied wrongdoing, and said Mullins, 31, of Allentown, alone was to blame for the beating in which the woman suffered brain swelling and other injuries that police said nearly killed her.
Sands attorney Kevin Ruane told the jury that Mullins was at the casino for more than 13 hours and didn't assault his girlfriend until early in the morning of Jan. 23, 2012, three hours after they arrived back at their hotel room, the newspaper reported.
In his opening remarks, Mullins' lawyer, Stuart M. Niemtzow, said his client had 15 double Irish whiskeys at the casino, PennLive reports.
"The question is whether Sands served him while he was physically intoxicated and whether that alcohol played a part, however small, in the fight that ensued later," Niemtzow said. "Nick is here not asking for sympathy He's only asking from you whether he deserves what the law allows him to get, which is compensation. He's not looking for a big payday. He's looking for compensation for what was taken away from him."
Mullins is on probation after serving a four-year term for aggravated assault.