Premises liability claim summarily dismissed after bottle-throwing drum circle event

The Court of Appeals ruled that David Zwolinski was not entitled to a trial on his claim of premises liability against the Innate Healing Arts PLLC doing business as the Golden Gate Cafe.  The Cafe held a drum circle event in the public alley adjacent to the cafe on Wednesday nights.  Zwolinski was injured when he was struck in the face by a thrown beer bottle.  He argued that the Cafe was responsible for a share of his injury because it failed to control the activities surrounding its sponsored event.  He and other patrons alleged that a number of bottles were thrown before he was struck in the face.

The Court ruled that since part of the bottle-throwing claim was based on hearsay, and since the only first-hand throwing evidence related to a bottle throw 30 seconds before Zwolinski was struck, Zwolinski had failed to prove that the Cafe had sufficient notice of the danger to intervene and prevent injury.