New Source: JusticeNewsFlash.com
04/11/2013 // New York, NY, USA // New York Injury Accident Lawyer // Jonathan C. Reiter // (press release)
A bar patron, at a popular Queens nightclub, was declared brain dead, one week after being viciously beaten by the club’s bouncer outside the club. This incident occurred on March 17, 2013 at approximately 4:30 a.m. The victim, identified as 24-year-old Deosarren “Deo” Ramdular, was a regular patron of Club Moka located in South Richmond Hill, Queens. He had been training to become an EMS worker, and was working at various part-time jobs while in training, according to his grieving parents. It was reported that the club’s bouncer, identified as Kristian Sorbera, age 27, followed Mr. Ramdular outside of the club, and repeatedly punched and kicked the victim around the face and head, resulting in multiple facial fractures, lacerations, and bleeding. Mr. Ramdular was transported via ambulance to Elmhurst Hospital where he was diagnosed with severe brain damage and placed on life support. One week later, he was declared brain dead and removed from life support. Mr. Sorbera was arrested at the scene, and charged with assault, which charges were upgraded to second-degree murder following Mr. Ramdular’s death. A New York Police Department source stated that Mr. Sorbera had a criminal history that included violent crimes, but did not elaborate.
According to Manhattan injury attorney, Jonathan C. Reiter, who has handled many assault cases, there are two parallel theories running through a possible lawsuit based on the beating death of Mr. Ramdular, as follows: “The personal representative of Mr. Ramdular, could bring a lawsuit against the nightclub based on two competing theories. The first is named “respondeat superior” which holds the employer liable for the negligent and reckless acts of the employee that are performed in the course of the employment. In this instance, it could be theorized that Mr. Sorbero, while in the course of performing his duties as a bouncer was either negligent or reckless in beating Mr. Ramdular, which resulted in the victim’s ultimate demise. An alternative theory of liability against the nightclub is based on negligent hiring.
That claim is based on the fact that there was an actual employer-employee relationship between Mr. Sorbero and the nightclub, and that the club had actual or constructive knowledge of Mr. Sorbero’s violent past, and therefore, was negligent in hiring and/or retaining him as an employee. It is not based on whether Mr. Sobrero’s conduct was within the scope of his employment or not. Ultimately, both theories would be alleged in a lawsuit against the club, and a jury would decide which theory of liability would apply based on all of the evidence presented.” Mr. Reiter went on to comment as follows: “The State of New York does not usually require that employers do criminal background checks on prospective employees. Employers can be held liable if they had actual knowledge of an employee’s violent history and negligently hired the employee. However, for all intents and purposes, most employers do background checks, for the purpose of safeguarding the public, and to avoid any negligent hiring claims. In essence, such a practice could have avoided the tragic loss of life in this incident.”
A possible conclusion from this senseless tragedy is that it is high time for a change in New York law, to require all employers to do background checks on prospective employees. In the digital age, these type of checks are easy and quick to perform, and could lead to heightened safety for the public.
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