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VANCOUVER — A realtor has been awarded $45,000 in amercement for accepting his jaw burst at the Caprice Bistro on Vancouver’s Granville Street in 2006.
["400px"]Leo Paskalidis, who additionally works as a mortgage broker, took off his anorak while dancing because it was a hot summer night, but a bouncer told him to put his anorak on.
“Dress code,” the bouncer explained to Paskalidis, who asked why one of the women adjacent was not told to put a anorak on.
The bouncer, Monty Cahley, said she did not accept to “because she is a girl.”
Paskalidis, 38, told his acquaintance it was time to leave.
The plaintiff claimed he had annihilation to alcohol afore accession at the club, area he had two beers.
["400px"]As he was leaving, he put on his jacket, afresh took it off afresh because it was so hot.
As he was walking adjoin the door, he acquainted a advance from behind. He angry and saw his acquaintance walking appear the door. The acquaintance and one of the bouncers afresh affective anniversary other.
Another bouncer, Cahley, afresh lunged at Paskalidis and said, “Do you appetite to f— with us?” the plaintiff testified.
Cahley affective Paskalidis by the throat, angry him, and affianced him to the door, the realtor said.
Paskalidis pushed Cahley’s face aback with an accessible appropriate hand, with his fingers splayed. He recalled he was still captivation his anorak in his larboard hand.
["400px"]He afresh acquainted a big boost from abaft and he was pushed adjoin the brick bank beside the aperture alfresco the club. Cahley was still asthmatic him, he said.
Another bouncer, Joseph Stimac, affective Paskalidis’ larboard arm. He saw addition bouncer, Anthony Fabiano, wind up to bang him.
He was hit in his larboard rib cage and face, a draft that bankrupt his jaw and acquired bleeding and astringent pain.
Paskalidis was afresh befuddled to the sidewalk. He anon alleged 911 and was taken by ambulance to Vancouver General Hospital.
He spent seven canicule in hospital and had an operation on his jaw, which appropriate 9 screws and plates.
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Man awarded $45,0000 After Granville Club Bouncer Broke His Jaw ... | Caprice Vancouver Dress CodeHis jaw was active shut for about six weeks, his weight alone 20 pounds to 140 pounds and he had acute affliction in his ribs, asleep in his fingers and astringent jaw pain.
None of the bouncers recalled arresting Paskalidis. Fabiano said he has never addled any patron. Unlike the added bouncer defendants, Fabiano did not adapt a accounting adventure report, alike admitting this was appropriate by club policy. The adjudicator begin Fabiano inflicted the jawbreaking blow.
“Although the assault that acquired the injuries were befuddled by Mr. Fabiano, I acquisition that the defendants were acting in concert and acceptable anniversary added in this action and are accordingly and severally liable,” B.C. Supreme Court Justice William Ehrcke concluded. The bistro was one of the defendants.
The adjudicator awarded the plaintiff $45,000 in non-pecuniary amercement for his injuries, but denied Paskalidis’s affirmation for aggravated and castigating damages.
“This was a actual abrupt adventure area affections ran aerial and the defendants overreacted, consistent in the use of boundless force,” the adjudicator said in accounting affidavit appear Tuesday.
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Man awarded $45,0000 After Granville Club Bouncer Broke His Jaw ... | Caprice Vancouver Dress Code“I am not annoyed that there was a advised attack to abase the plaintiff or that he is advantaged to advantage for aching animosity acquired by the attributes of the defendants’ conduct.”
© 2011 Postmedia
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Caprice Night Club - 12 Photos | Caprice Vancouver Dress Code["400px"]
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Caprice Night Club - 12 Photos | Caprice Vancouver Dress Code["400px"]
Caprice Night Club - 12 Photos | Caprice Vancouver Dress Code