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Novak v. Capital Mgmt. & Dev. Corp., No. 08-7135

By FindLaw Staff on June 26, 2009 | Last updated on March 21, 2019

In a personal injury action arising out of a nightclub's failure to monitor an alley next to its exit where Plaintiff was attacked, judgment for Plaintiff is affirmed where a reasonable jury could have found that Plaintiff did not voluntarily enter the fray, but rather was swept up in the attack.

Read Novak v. Capital Mgmt. & Dev. Corp., No. 08-7135

Appellate Information

Submitted November 14, 2008

Decided June 26, 2009


Opinion by Judge Garland


For Appellant:

Brian E. Hoffman, Saunders & Schmieler, P.C.

Jeffrey R. Schmieler, Saunders & Schmieler, P.C.

For Appellee:

Patrick M. Regan, Regan, Zambri & Long, P.L.L.C., Washington, DC

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