Bars agree $7m settlement over fatal beating

Two US bars that served three men past the point of intoxication, who then beat a 23-year-old man to death, have been ordered to pay damages of US$7 million.

Kevin Kless was beaten to death in January 2012

Kevin Kless was killed in the early hours of January 14, 2012, by three men who had earlier that night been served by staff at two now defunct Philadelphia bars; Lucy’s Hat Shop and G Lounge.

Witnesses said Kenneth Enriquiz-Santiago, Steven Ferguson and Felix Carrillo had been served beyond the point of “visible intoxication” by bar staff, in violation of Pennsylvania’s liquor code. Two of the three men were also underage at the time.

Kless had been attempting to hail a cab when the drunken trio pulled up alongside and attacked him. Ferguson delivered the fatal blow, leaving Kless for dead on the sidewalk.

All three men are now serving sentences for their roles in the killing. In 2013, a complaint was filed alleging that the bars, through the conduct of their employees, were responsible for the actions of the three attackers. This week, in what is believed to be the largest settlement for an individual bar liability case in Philadelphia history, Kless’ family was awarded $7m in damages.

Robert Mongeluzzi, of Saltz, Mongeluzzi, Barrett & Bendesky (SMBB), which represented Kless’ estate, said no amount of money could reimburse the family for their loss, but that the settlement sent a clear message to bar owners in respect of liability.

“In Kevin’s name, they have successfully and resoundingly delivered a message to the two bar-defendants, Lucy’s Hat Shop and G Lounge, that if you serve underage, drunken patrons, and they leave your bar and commit a heinous crime, you will be held accountable for your actions”, he said in a statement.

Pennsylvania’s liquor liability laws – known as Dram Shop legislation – hold bar owners civilly responsible for serving alcohol to underage or visibly intoxicated patrons.

“Our son would be alive today if those bars – their managers and their employees – had just followed the law, starting with denying entry to minors,” said John and Kendall Kless, Kevin’s parents.
“We intend to ensure that all bar owners understand that if they serve underage or intoxicated customers who cause harm, they will be held accountable and could be put out of business. We hope that this lawsuit will spur the industry to follow the laws, which are in place for a reason, and spare any other family from suffering the devastating, preventable loss we have endured.”
Insurance policies held by the two defunct clubs will pay for the settlement, with Lucy’s policy will covering $1 million and G Lounge $6 million, Mongeluzzi said.

Ferguson pleaded guilty to third-degree murder and is serving a 10-year prison sentence. Enriquez-Santiago and Carillo, who pleaded guilty to involuntary manslaughter, were sentenced to two to five years in prison.