Victim of BCS Krystal Burger assault files lawsuit against restaurant, alleged abuser
POSTED: Friday, May 4, 2012 - 4:59pm
UPDATED: Sunday, May 6, 2012 - 3:22pm
NEW ORLEANS, LA (NBC33) — The victim of an assault that happened in New Orleans after the BCS Championship game back in January filed suit today, Friday, May 4, against his alleged abuser, as well as the company where the incident took place.
The defendant is filing suit against Brian Downing, The Krystal Company, and Big Easy Enterprises, LLC. for damages due to the incident, which was recorded and published on YouTube.
The victim claims the restaurant knew he was incapacitated due to drinking too much. He also claims that the employees knew that he was being taunted by Downing, but that they did nothing to prevent it from happening.
“The Krystal Burger employees know or with reasonable diligence should have known that its patron, plaintiff, was incapacitated in its dining or food service area and that one or more other patrons including defendant were taunting and ridiculing plaintiff by placing food items on him and touching him, as well as engaging in an assault and battery on the plaintiff.,” the lawsuit states. “The Krystal Burger employees failed to undertake any action or, alternatively, reasonable action, to stop the defendant and others from taunting or ridiculing the plaintiff and/or assaulting plaintiff and failed to undertake reasonable measures to ensure the safety and well-being of the plaintiff.”
The lawsuit alleges that Brian Downing committed an assault and battery, exposing his genitals for the purpose of taunting and ridiculing the plaintiff, touching the plaintiff with his genitals, committing a vile and disgusting act, and allowing the acts to be recorded and then distributed to the Internet.
As for The Krystal Company, the defendant claims that the establishment failed to intervene and failed to provide adequate security or safety for the plaintiff. Those same allegations apply to the Big Easy Enterprises, which is the franchise owner of the Krystal Burger located at 116 Bourbon Street.