![tropix beach bar tropix beach bar](https://cdn.usarestaurants.info/assets/uploads/d319ac67df9a2aa136e507c90b5133a1_-united-states-florida-pinellas-county-clearwater-240829-tropix-beach-barhtm.jpg)
Tropix argues that summary judgment was properly granted in this case because
![tropix beach bar tropix beach bar](https://static.trip101.com/main_pics/171271/medium.jpg)
The right to protection, and (2) the foreseeability of the harm. Special relationship between the defendant and the third person that imposes aĭuty to control, or between the defendant and the other which gives the other Whether such a duty exists depends upon two factors: (1) the existence of a Larson, 373 N.W.2dĪ person generally has no duty to control a third person from causing injury
![tropix beach bar tropix beach bar](http://www.philippinesexguide.com/angeles/clubs/images/header/tropix.jpg)
The existence of a legal duty is an issue Hass argues that Tropix owed him a duty of reasonable care, and it should have Whether the lower court erred in their application of the law. Questions: (1) whether there are any genuine issues of material fact, and (2) On appeal from summary judgment, this court must ask two The district court granted the motion and Hass His claim that Tropix had a special relationship with Hass and thus, owed him aĭuty of reasonable care. Tropix moved for summary judgment,Ĭlaiming Hass failed to put forth genuine issues of material fact to support A default judgmentĪgainst Chavez was entered in May 1995. Chavez was arrested, found guilty of attemptedįirst degree assault, and sentenced to 52 1\2 months. Hass filed a personal injury suit against Chavez and Tropix in January 1995,Īlleging various tort claims. Of the attack, Chavez spent the evening at Tropix without incident. HassĪlleges that Chavez was not allowed to return to Tropix. Hass alleges that during his employment with Tropix, Chavezįrequented the club and was later barred from the club for fighting. Hass had previously worked at Tropix, but was no longer working there when theĪttack occurred. He was attacked because he had dated Chavez's ex-girlfriend. Hass sustained facial lacerations and required surgery. The attack occurred on public property, about 90 feet from Side of the bar to the employee parking lot behind the club. When Tropix closed, Hass left withĬhristine Nivens, a friend and employee of Tropix. While in the bar, Hass noticed Chavez giving him "dirty looks." The two men Hass argues that a "special relationship," necessary to impose aĭuty of reasonable care by respondent to appellant, existed between theĭavid Hass and Brian Chavez were patrons at Tropix Beach Club In favor of respondent Kabanuk Diversified Investments, Inc., d/b/a Tropixīeach Club. Baill, Steven Theesfeld, Yost & Baill, P.L.L.P., 2350 Oneįinancial Plaza, Minneapolis, MN 55402 (for respondent Kabanuk DiversifiedĬonsidered and decided by Amundson, Presiding Judge, Huspeni, Judge, andĪppellant David Hass challenges the district court's grant of summary judgment Cloud Prison, 2305 Minnesota Boulevard South, Box B, St. Ellis, 1800 Fifth Street Towers, 150 Southįifth Street, Minneapolis, MN 55402 (for appellant)īrian Chavez, St. C2-96-855, Court of Appeals Unpublished, November 26, 1996. Brian Chavez, Defendant, Kabanuk Diversified Investments, Inc., d/b/a Tropix Beach Club, Respondent.