Bouncer, bar at fault for injuries, suit says

By John O'Brien | Nov 10, 2006

MORGANTOWN - A man says he was injured by the bouncer at a Morgantown bar and has filed papers in Monongalia Circuit Court.

Michael Shafer filed his lawsuit against Luckyma96, doing business as Chasers, and owner Ken Dufalla, as well as bouncer William Mayle.

"Defendant Luckyma96 is liable for the injury to Mr. Shafer because it was Mr. Mayle's employer at the time of the injury and/or because it is vicariously liable for the tortious conduct of Mr. Mayle," the complaint says.

Shafer says that on Nov. 17, 2005, Mayle negligently injured him. "Prior to and during the injury, Plaintiff Shafer was not engaged in any disruptive activity that warranted his removal from the premises," the complaint adds.

He charges Mayle with negligence and the other two defendants with negligent hiring and supervision and vicarious liability, as well as a claim for piercing the corporate veil.

"The corporate veil between individual Defendant Dufalla and Defendant Chasers should be pierced and Defendant Dufalla held personally liable to the plaintiff because, on information and belief, there is such unity of interest and ownership that the separate personalities of the corporation Chasers and of the individual shareholder Dufalla no longer exist and an inequitable result would occur if the acts are treated as those of the corporation alone," the complaint says.

Jane Peak of Allan Karlin and Associates is representing Mayle, who seeks punitive and compensatory damages.

Monongalia Circuit Court case number 06-C-715

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