Maria Kerkoulas owned the Pub Zone bar, frequented by many motorcycle gangs, and knew from her own experience and conversations with police that some of the gangs, including the Pagans, were dangerous and prone to attack customers for no reason. Kerkoulas posted a sign prohibiting any motorcycle gangs from entering the bar while wearing “colors,” that is, gang insignia. Based on her experience, she believed that gangs without their colors were less prone to violence. 

Rhino, Backdraft, and several other Pagans pushed past the bouncer wearing colors and approached the bar. Although she saw their colors, Kerkoulas served them one drink. They later moved towards the back of the pub, and Kerkoulas believed they were departing. In fact, they followed a customer named Karl Kuehn to the men’s room, where without any provocation they savagely beat him, causing serious injuries.

Kuehn sued the Pub Zone. The jury awarded him $300,000 in damages. The trial court judge overruled the jury’s verdict and granted judgment for the Pub Zone, meaning that the tavern owed nothing. The judge ruled that the pub’s owner could not have foreseen the attack on Kuehn, and had no duty to protect him from an outlaw motorcycle gang. Kuehn appealed.

1. Did the Pub Zone have a duty to protect Kuehn from the Pagans’ attack?

2. What kind of case is this, civil or criminal?

3. What is the difference?

4. Who is the plaintiff(the party who is suing) and who the defendant (the party being sued)?

5. What is the key issue in this civil suit?

6. Why does Pub Zone claim it had no duty to Kuehn?

7. What did the trial court conclude?

8. What did the appellate court decide?

9. Why did the court decide that Pub Zone had a duty?

10. What should Pub Zone have done to satisfy its duty?