A Springfield, Tenn., resident received a $2.08 million judgment from the owner of a local nightclub after a non-jury trial last week in Blytheville Circuit Court.
Cory Duffey visited the Entertainer Club on Feb. 28, 2009, and went outside to wait for a taxi. While waiting, he was shot multiple times, he stated in the suit.
According to the judgment awarded by Circuit Judge Randy Philhours, Duffey is to be paid $520,000 in compensatory damages by The Entertainer, Inc. and its owner, Charles E. Wells. The judgment further stated that Duffey is to be paid an additional $1.56 million in punitive damages. The $2.08 million is to be paid at the rate of 10 percent ($208,000) per year, under the order.
Compensatory damages are usually awarded to help compensate someone for a wrongdoing, such as medical bills caused by an event. Punitive damages are awarded to punish the defendant for their actions, under state law.
Additional, Duffey was awarded $316 for the costs of filing the lawsuit, Philhours ordered.
The order also included a section that calls for The Entertainer and Wells to "prepare and file with the court a schedule, verified by affidavit, of all property, both real and personal, including moneys, bank accounts, rights, credits and choses in action held by himself or others for him and to specify the particular property which either defendant claims as exempt under the provision of law." The order states that this list of assets be filed in the court within 45 days.
Duffey was represented by Tony Wilcox and Jay Scholtens, both of Jonesboro. In the suit, Duffey alleged that The Entertainer and Wells were negligent because security at the club was insufficient and inadequate.
Duffey alleged that in the 13 months prior to his injuries, there had been 13 different shootings on club property.
The suit contained information confirming that there had been a shooting at the club on Oct 1, 2006, a stabbing on Oct. 28, 2006, another shooting on Feb. 11, 2007, and another stabbing on April 29, 2007. These and Duffey's injuries were reported to the state Alcohol Beverage Control board, which suspended the liquor license of The Entertainer for 90 days on Nov. 30, 2009, and fined the owners $1,500.
dhilton@blythevillecourier.com