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The Baer Law Firm Files Suit Against Restaurant on Behalf of Customer Who Was Violently Choked by Employee in an Unprovoked Attack

On April 29, 2021, four friends went to a Braves game. Before the game, they stopped for a pregame meal at Goldbergs Bagels in The Battery. Unprovoked and out of nowhere a Goldberg’s waiter screamed and began choking one of the four friends. The waiter continued to keep this man in a chokehold for approximately 15 seconds before his friends and an off-duty police officer could separate the assailant from the victim.

The waiter, who is believed to have a history of misconduct while working at other establishments at The Battery, told police that he had an “epileptic episode.” Goldbergs has refused to take responsibility for the incident or cooperate in any investigation pre-suit with respect to the legitimacy of its employee’s claims. Atlanta personal injury attorney Bryan Baer states that “the medical professionals we have consulted with believe that it is highly improbable someone could have sufficient control over his body to actually choke someone during a true epileptic episode.”

Atlanta personal injury firm, The Baer Law Firm has filed suit. According to the lawsuit filed in the State Court of Cobb County, Goldbergs should have known that this person was a risk to their patrons and others at The Battery before hiring him.

“While we cannot undue the harm caused to our client, we look forward to finding the true cause of the incident and making The Battery a safer place for all to root on our beloved Braves.”

The complaint in this case is James Michael Johnson v. Goldbergs Food Group, LLC, et. al., in the State Court of Cobb County, Civil File No. 21-A-3306.

Retail establishments are not legally liable for every violent or criminal attack causing personal injuries committed by an employee on the job. In order for a restaurant, bar, or other establishment to be legally responsible, the attack must arise out of the course and scope of the employee’s job duties, or the establishment must be negligent in hiring or retaining the employee in the first place.

Proving a retail establishment or property owner legally responsible for a third-party criminal attack requires tenacious diligence and knowhow. The Baer Law Firm looks forward to using compulsory power of the court to obtain necessary information the present its client’s case at trial.

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