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Summary Judgment Affirmed on Appeal in Favor of Baker Sterchi Client in Battery and Negligence Action

Summary Judgment granted in favor of Baker Sterchi client was affirmed by the Missouri Court of Appeals for the Eastern District. Plaintiff claimed that our client’s security (provided by Police Officers on approved secondary duty), ejected him from our facility and later hit him in the head with a police baton causing permanent injury.  In addition, Plaintiff claimed that our client was negligent for failing to follow its own policies regarding ejection of patrons.  The Circuit Court granted Summary Judgment in our clients favor finding that when Officers are working approved secondary duty, the private employer is not liable for their actions when the private employer has done nothing more than provide information to the Officers and left to the Officer’s discretion how to handle the situation.  In addition, the court held that there was no duty owed to the patron as a business invitee, as he had been ejected from the premises and was a trespasser and not an invitee at the time of his arrest.

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