Alleged shooting victim claims Club Marcella security was 'inadequate' in new lawsuit
0
BUFFALO, N.Y. (WIVB) — A new lawsuit accuses Club Marcella of being careless and not keeping patrons safe, which comes a few months after the club was closed down.
The lawsuit was filed by the victim of the shooting in the nightclub on Dec. 3. It blames the club's on-site security, calling it "derelict"' and "wholly inadequate."
The City of Buffalo shut down Club Marcella, less than a day after the fourth shooting in and around the Cobblestone District nightclub this year. An order for immediate closure was signed by Buffalo Police Commissioner Joseph A. Gramaglia and posted on the nightclub’s door.
“A dire emergency currently exists in the area of 106 Michigan Ave as a result of the disruptive and violent behavior that has taken place immediately inside and outside of Club Marcella,” the order read. “As a result, I have deemed that the immediate closure of Club Marcella is necessary to to promote and secure the preservation of peace and good order.”
"The argument is that because of all of this extraordinary criminal activity previously, the owners should've done even more. The owners are going to say, 'We did. We did a lot more than anyone normally would, but if somebody wants to commit a crime, they are going to be able to,'" Barry Covert, a legal analyst, said.
It details the incident on Dec. 3, alleging Samuel Santiago was "brutally attacked with a firearm" in the club's bathroom around 2:30 a.m. The lawsuit alleges the club's owners knew the security system was deficient and understood the pattern of violence in and around the establishment.
"Normally, you wouldn't have a really good lawsuit if you were harmed in a bar and it was one incident that was isolated. Here it is the fourth shooting in about a year and a half," Covert explained. "Lots of violent events beyond the shootings, and the allegation here is the owners negligently watched the premises and didn't watch out for the patrons."
The owners implemented new security measures and were known to work with Buffalo police to make the club safer. Covert says this could be a strong argument against the lawsuit.
"The security here seems to be consistent to what airlines do. No one is criticizing the airlines because they have security detectors and extra guards," Covert said. "It's hard to criticize the owners because some element out there — a small element out of hundreds and hundreds of patrons — it's only a couple, but they've decided no matter what the owners do, we are going to find a way around it."
News 4 reached out to Santiago's attorney, who did not comment.
The owners of Club Marcella have not returned News 4's request for comment.