Sunseri v. Puccia

422 N.E.2d 925 (1981)

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Nature of the Case

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Facts

Sunseri (P) brought an action against Puccia (D), owner of a restaurant and lounge, and Goeske (D), his bartender, for injuries received during an altercation on the restaurant premises. Goeske (D) asked to see his identification verifying his legal age to purchase liquor. P displayed some identification cards, and Goeske (D) walked away. P complained to a friend that he was 'tired of being carded.' Goeske (D) overheard this remark and told P that if he didn't like it, he should leave. P apologized, but Goeske (D) became increasingly angered. P gave Goeske (D) the finger as P stood up to leave. Goeske (D) threatened to 'beat the hell' out of him. Goeske (D) was considerably taller and heavier. P went for the door, but Goeske (D) came from behind the bar and grabbed him. P swung to defend himself but missed. Goeske (D) then threw P to the floor and kicked him repeatedly. Goeske (D) allowed P to stand up, escorted him to the door and once outside, Goeske (D) punched plaintiff in the face, threw plaintiff to the ground and jumped on top of him. Goeske (D) began to 'gnaw' on P's ear, and P felt Goeske's (D) teeth pierce his ear at least three times. About one week later, the doctor amputated the damaged part of his ear. The trial court directed verdicts as to both Ds, relying on Sikorski's testimony that P initiated the fight inside the restaurant. P appealed.