FKB’s Tracy S. Katz successfully obtains a unanimous decision from the New York Appellate Division, First Judicial Department granting summary judgment on behalf of a security company for alleged injuries sustained by the plaintiffs in a fight with a security guard employed by the company.

The case concerned allegations that the plaintiffs, a brother and sister, were involved in an altercation with a security guard employed by FKB’s client.   The plaintiffs contended that the security guard assaulted them with a box cutter in an unprovoked attack, cutting their faces and hands, causing severe and permanent scarring and disfigurement.  To the contrary, the security guard testified that he acted in self-defense and it was the plaintiffs who attacked him in the first instance.

The Supreme Court in the Bronx initially denied FKB’s motion for summary judgment.  FKB appealed this decision, arguing that under either the plaintiffs’ version of the events or the security guard’s version of the events, the security company could not be held liable for the guard’s actions.  FKB argued that under plaintiffs’ version of the events, the assault was entirely unprovoked and there was no evidence that his actions were done in furtherance of the company’s interests; alternatively, under the guard’s version of the events, the company could not be held liable because his actions were taken in self-defense.   

The Appellate Division, First Department unanimously reversed the lower court’s decision and dismissed the complaint against the security company holding that under either version of the events, the company could not be held liable for its employee’s actions.

If you have any questions, please contact Tracy S. Katz.