A man claiming he was injured last year by a bouncer at Rude Rudy’s has filed suit against the club.
The bar has been in the spotlight recently after a Georgia Southern University student who died Aug. 28 after reportedly being injured by a bouncer.
Rude Rudy’s, a bar in University Plaza, was the site of the Aug. 28 incident that left Michael Gatto, 18, of Elkhorn Court in Cumming, dead.
Bouncer Grant James Spencer, 20, of Olympic Boulevard, remains in the Bulloch County Jail, charged with felony murder and aggravated battery. Spencer is also a Georgia Southern student.
In a civil suit filed March 20, Andrew Glueckert accuses Rude Rudy’s LLC of being responsible for injuries sustained when a bouncer “slammed” him to the floor during a fight.
According to the lawsuit, Glueckert  was at the bar Feb. 10, 2013, when he “was attacked by a group of drunken patrons and later slammed to the concrete floor head first by Trevor McBurnett,  who was an employee of Rude Rudy’s LLC and who was also drunk at the time of the injury.”
The suit claims that because McBurnett was employed by Rude Rudy’s at the time, the establishment is responsible. Glueckert suffered a “fractured collarbone in four places, serious head lacerations and head trauma,” the suit alleges.
Glueckert and his attorney, Minkah Merritt of Statesboro, claim through the suit that the “sole proximate cause … was negligent service of alcohol to its employee and patrons.”
The suit further alleges that Rude Rudy’s is ultimately responsible for Glueckert’s injuries because of the bar’s “failure to restrict alcohol service to intoxicated patrons” and that it “failed to restrict alcohol service to employees during working hours,” didn’t stop serving patrons who were unruly and failed to keep patrons safe.
According to the suit, Glueckert was attacked by several patrons and bouncer McBurnett, who was allegedly intoxicated, intervened and threw Glueckert headfirst onto the concrete floor.
Witness statements include in court documents described the incident.
Terry Bissell, who was there with Glueckert according to the suit, stated that Glueckert accidentally backed into someone while dancing. That person reportedly shoved Glueckert, who pushed back.
Then the other man’s “friends began to pummel him,” Bissell stated.
There were three men involved in attacking Glueckert, Bissell said. Then the “bouncer (McBurnett) grabbed Andrew ... (and) walked him backward … Andrew did not resist.”
Then, McBurnett picked Glueckert up “from a bear hug position and slammed him headfirst onto the concrete floor,” Bissell stated. “At that point the music stopped and the club kicked everyone out.”
Bissell stated further that he and another bouncer “picked Andrew up and carried him outside, where someone had called an ambulance.” Glueckert was “dazed and bleeding” and declined transport by ambulance, but Bissell said he took Glueckert to the emergency room.
Statesboro police has no report filed regarding the incident.
Mallory Theis gave a statement included in the civil suit as well. She said she witnessed five bouncers approaching what appeared to be a fight.
“One of the bouncers looked angry and was pushing his way toward the disturbance” while others were just walking, she said.
“The angry looking bouncer grabbed Andrew,” she stated. Then she saw McBurnett pick up and slam Glueckert, who was “left lying in the floor unconscious and bleeding from his head and the bouncer just walked away, leaving him in that state.”
Theis said Rude Rudy’s owner Jonathan Starkey assisted in bringing Glueckert outside while someone dialed 911.
Starkey has not responded to several calls since Aug. 30 seeking comment regarding these incidents.
“We are seeking justice for our client,” Merritt said. “Rude Rudy’s has ignored the community’s call for it to clean up its business practices.”
The incidents involving Gatto’s death and Glueckert’s injuries, as well as a Feb. 14, 2010, incident where a man claimed injury at the hands of a bouncer, are not the only cases where people were injured at the bar, Merritt said. The 2010 case was settled out of court after Kenneth Mikael Rineer claimed he was injured when a bouncer employed at the bar dropped him after a fall that fractured his skull.
“Our client’s story is no different than the numerous other stories out there of someone being attacked by one of its overly aggressive bouncers,” Merritt said. “Michael Gatto lost his life at the hands of a bouncer employed by Rude Rudy’s. When is this community going to say enough with businesses that pose a threat to the GSU and Statesboro communities?”
Merritt said additional evidence will surface when this case goes to court.
Neither Starkey nor his attorneys, R. Scott Masterson  and M. Andrew Echols of Atlanta, returned phone calls seeking comment Friday.
“Our case is pending at this time and we are looking forward to our day in court,” Merritt said.  “There are many witnesses to the atrocities that have taken place at Rude Rudy’s.”
The suit seeks $350,000 in damages for “past, present and future mental and physical pain and suffering and for the loss of enjoyment of life” as well as medical expenses totaling over $82,000.
The suit says Glueckert suffered a fractured collar bone in four places and serious head lacerations and head trauma. He was “rendered disabled and has suffered a substantial loss of the enjoyment of life,” the suit claims.
He is asking for trial by jury.
In a response filed in court April 21, representatives of Rude Rudy’s dispute Glueckert’s claims, stating that he failed to exercise ordinary care. The bar denies negligence and stated the incident was caused by others over which Rude Rudy’s had no control, and that McBurnett’s actions were “not within the course and scope of employment” at the time because he was off duty. Further, Rude Rudy’s alleges that “plaintiff’s negligence exceeded the negligence of any other party who may have caused or contributed to the incident.”
“Plaintiff’s claims are barred because,” Rude Rudy’s response says, “to the extent any person affiliated with Defendant engaged in conduct contrary to the law, such conduct was outside the scope of that person’s authority, was in direct contravention of Defendant’s express policies, and occurred without the consent or ratification of Defendant.”
The civil suit claims the bar is obligated to pay because of its “negligent service of alcohol to its employees and patrons who caused the injury as it: a. failed to restrict the service of alcohol to intoxicated persons; b. failed to restrict the service of alcohol to its employees; c. failed to stop the distribution of alcohol to patrons who were acting unruly; and d. failed to keep its premises and its peaceful patrons safe.”
Holli Deal Saxon may be reached at (912) 489-9414.