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Cop sues bar that called him for a disturbance, loses twice

The court threw out a suit filed by Officer Christopher Juszczyszyn, who claimed a bar was negligent for serving a drunk customer

Lid's Lounge, as seen in March 2012. (Courtesy of Google Street View)
Lid's Lounge, as seen in March 2012. (Courtesy of Google Street View)Read more

IMAGINE CALLING police on a drunk guy in your bar and the cop turns around and sues you because the guy got drunk in your bar.

That's what happened at Lid's Lounge after Officer Christopher Juszczyszyn responded to a disturbance call in April 2012 and was assaulted by an unruly customer who was reportedly groping women and drinking other people's drinks.

Juszczyszyn, who was injured in the ruckus, decided to sue Obafemi Simeon Taiwo and CST Entertainment, the owners of the Southwest Philadelphia bar, claiming that Taiwo was negligent and had served alcohol to the visibly intoxicated assailant.

Philadelphia Common Pleas Court threw out Juszczyszyn's case last year, but he appealed. This month, a Superior Court panel rejected the appeal, saying the drunken man Juszczyszyn encountered was among the risks of being a cop.

"This is part of a police officer's duty," Judge Jacqueline O. Shogan wrote in the opinion. "Moreover, a liquor licensee should not have to first reflect on insurance-claim exposure when requesting police assistance."

The ruling was first reported on Tuesday by the Legal Intelligencer.

Juszczyszyn's lawyer, Mark Jaffe, said yesterday that the appeal was rejected on procedural grounds, but conceded that winning the case would have been difficult even if it went to trial.

"Maybe, in the end, this is the result it would have been anyway," Jaffe said. "It is a tough case."

A victory for Juszczyszyn also would have set an alarming precedent that might make shop owners reluctant to call police for fear of being sued if one of the responding officers gets hurt.

If an officer gets shot and killed, for instance, could the officer's family file a wrongful-death claim against the owner?

"It's probably a good argument" to fight such a lawsuit, Jaffe acknowledged.

Jaffe said he would not appeal to the state Supreme Court.

A lawyer for Lid's Lounge declined to comment yesterday.