Willie Navy, who was severely beaten in a Feb. 6, 2011, attack in downtown Brainerd by two men who have since been sentenced to prison for the crime, is seeking $750,000 from the Brainerd bar and its insurers for their alleged role in the crime.
Navy’s attorney, Steven Lastovich, said Wednesday he has not filed a civil lawsuit against Yesterday’s Gone and its insurers, but has sent them a formal letter of demand for them to pay for Navy’s medical and legal costs.
Lastovich said the bar and its insurers have 60 days to respond. If they don’t, he plans to file a formal civil lawsuit.
Yesterday’s Gone owners are Steven and Paula Zelinske. Steven Zelinske said he was advised by his attorney to not comment on legal action surrounding the Navy case.
The suspects who assaulted Navy — Travis Arnold Campbell of Pequot Lakes and Lucas Eastwood of Backus — were sentenced in Crow Wing District Court to prison terms after attacking Navy after the three left Yesterday’s Gone. The men were convicted with felony first-and third-degree assault and the gross misdemeanor fourth-degree assault motivated by bias charge was dismissed during sentencing.
According to the criminal complaint, while officers and an ambulance crew were attending to Navy, an employee from Yesterday’s Gone arrived and told officers that a man later identified as Eastwood had wanted to assault Navy in the bar right before the bar closed because Navy was black and Eastwood wanted to fight. The employee told Eastwood not to start anything in the bar. The employee told investigators that Eastwood wanted to fight with that “(expletive) black guy” because he was in Yesterday’s Gone. The employee told Eastwood not to assault anyone. The employee said he then got busy with last call and closing the bar.
Lastovich said the bar allegedly did nothing to warn or protect Navy. He said Navy believes that if the bartender would have warned him about the threat, the beating could have been avoided.
Lastovich said under Minnesota law, a bar has a legal duty to its patrons in a situation like Navy’s and that it was the bartender’s obligation to either warn Navy, eject the wrong doers or notify the police department. Lastovich also said that under the Minnesota dram shop law, that the bar is liable to Navy for its illegal actions in serving Eastwood and Campbell while they were intoxicated.
Lastovich said Navy suffered fractured facial bones, partial vision loss in his left eye, permanent facial disfigurement and a neck injury. Lastovich said Navy has incurred nearly $50,000 in medical bills.
JENNIFER STOCKINGER may be reached at jennifer.stockinger@brainerddispatch.com or 855-5851. Follow me on Twitter at www.twitter.com/jennewsgirl.
Comments (50)
Add commentReally?
Why is it the bar's fault? Why not sue the people that beat you up? Why do people always have to start blaming everyone for their problems? Maybe try looking in the mirror? If you stay out of the bars late at night nothing will happen. People get beat up all the time. It's unfortunate but it's true. If you play with fire you might get burned. And what's the extra $700,000 for? I'm sure it's not lost wages... Yesterday's Gone is a very reputable establishment. Leave them alone!!!
Navy
I personally think he should get some $ for his injuries,as far as the reputable establishment well that's all whole other story.I lived in Brainerd for many years and have personally seen the uguly side of predjuice.Especially in the bars. White is not always right if you know what I mean. I wish Navy all the best in any $$ he should get.Which should also come from his assailents jobs in prision.What ever they make..They are the ones who should have to PAY
Easy Money
Like noboby seen this coming !!!
Really Really?
I feel sorry that this guy was beaten, but regardless of how the law is interpreted here, hopefully common sense will prevail and the bar will not have to pay damages. If you convict the bar in this case it will set a precedent for many many more cases in the future. I just can't see the bar being at fault here. The scumbags who beat Mr. Navy are the ones at fault and only them. You can't expect a bartender to make a legal decision on behalf of his or her workplace, let alone in the heat of the moment.
common sense
once the lawyers got ahold of it common sense went out the window
Shut down the comments
Why on Earth is this story open to comments? Please shut this down before things get carried away.
Der Gestapo
has so ordered! Achtung!
The comments on this article
are worse on Facebook.
legal duty to its patrons
OK, so Minnesota law says a bar has a legal duty to its patrons. I agree, while the patron is in the bar.
If the bartender heard someone say my spouse and I are going to have a huge fight when we get home - then legally the bartender must report this to his/her spouse?
All bars better get another employee just to run around and tell patrons what the next patron said. Wow, how many of these will be said to cute gals "the guy over there said he would like to ...... you. Because if the female got raped, even if it was a month or two later, it would be the bar's fault . Where does it stop?
Sue and charge the people responsible not businesses. I do not know how businesses (it is not just the bars) are going to stay in business with all the sue happy people.
The reason he is suing the bar is
because the bar has insurance for a decently sized settlement. The guys who beat him up likely have a combined income just enough to pay for for Mr Navy's lunch.
I
I wouldn't bet on it turk.
If the bartender heard 2 drunks talking and saying,' when that &*^# leaves here, I'm gonna kick the &^# out of him.' The employee knew. He could have just as easily went over to Navy and gave him a heads up.
The employee told Eastwood not to start anything.
If the bartender heard a angry husband say he was going to beat the sh** out of his wife when they got home, I would hope that bartender was man, or woman enough to let her know so she could prepare and be safe.
Imagine seeing on the news the next morning that the wife didn't survive it and knowing you could have stopped it...that bartender should feel about an inch tall!
kept
They kept serving Eastwood and Campbell didn't they? If they had got in a wreck on the way home, they can sue the bar. Why can't Navy sue the bar for continuing to serve them 2? If they had been sober would they have threatened and beat him up?
Okey
Are you trying to give me a heart attack?? You & me agree on something.
Nan a person never knows. It could be all hear-say. We will see how good the bar lawyer is. If I remember right those 2 where charged with a hate crime not a drunk crime.
turk
"The guys who beat him up likely have a combined income just enough to pay for for Mr Navy's lunch."
We have a winner! Thanks for the chuckle.
They
They could always find money to drink. Eat is another thing. Mooch for that.
You okay OFB? I don't know you well enough to perform CPR so you better live! lol
Blame ...
... the ambulance chaser for this predicted turn of events.
And they call us racists......
Having spent all my life growing up in the southern U.S., we have been called everything from stupid to racists by you folks from the perfect north. Funny thing is...we live and work together, blacks and whites, and accept our differences and we even joke about them together! Of course that would be considered racists by folks that just don't understand.Then a few years back a black man gets beaten severely by some of Minnesota's fine citizens and for what reason...of course his black skin and having that is just intolerable here in Brainerd Minnesota. I say the man should sue everyone involved, including the bar because the bartender did what everyone is accusing the police in Sanford, Florida of doing, he didn't take action and merely walked away. I'm pretty sure that he wouldn't have done that if it were his sister about to get beat or his friend. You see..when someone say's they are going to beat someone up because of their skin color....you do something about it! Good luck Mr.Navy and may you spend their money wisely!
Nan says "They could always find money to drink"
Seems this is what we say about those on welfare, which, I wonder, was Navy on. He didn't have a job and yet seem to have no problem hanging out in a bar. Those responsible got punished, but now he wants money. Well, surprise, surprise! And if he wants to "punish" the bar, may they bring out his own legnthy record?
referring
Pdnet, I was referring to Eastwood and Campbell always having money to drink on. No they weren't on "welfare," and I'm betting that Willie Navy wasn't either. Do you know where he got his money? Didn't think so. Either way, he was beaten and hospitalized when it could have been prevented.
sue, sue, sue!
It's the American way, don-cha-know.
It didn't take long for someone to play the welfare card
and play it, they did. However, no person deserves to be beaten and live in pain the rest of their lives, regardless of whether they are employed or drawing govn assistance.
The bar employee had legal obligations to Mr Navy in that he knew that Navy was in serious danger, but didn't notify him. And the bar kept serving the two that are in prison, after knowing full well that they had intentions of harming Navy.
Mr Navy has recompense due him, both by the assaulters AND the bar. And the court should set forth ample documentation that they will pay it to him. Mr Navy deserved nothing he got, but now he deserves everything he may or may not get, financially.
I am 150% in Mr Navy's corner from every perspective...and I absolutely wish him well.
Question for you, PDNET: If your body was permanently injured, your sight was damaged, your neck was injured, you had permanent scars and you lived with the trauma of the beating, do you honestly think that you would walk away and say, heck, I dont mind paying these medical and legal bills I didn't deserve but now have for the rest of my life? Answer that, and please, spare me the attitude. Just answer it honestly.
Lastly, Atty Lastovich is a top notch, fully credible attorney AND a gentleman, something that is not always found in that profession. I don't know him personally, but have witnessed him operating professionally and am perfectly comfortable making these statements...the point being that I am glad that Mr Navy has Lastovich in his corner, fighting for him, because I know that Navy will get what he financially has coming to him...Lastovich is a bulldog when it comes to helping his clients get what they deserve!
Alls I'm 'sayin is
show me one paid receipt from the hospital that proves Mr. Navy paid a dime for his treatment. I have no doubt someone has incurred $50,000 in medical costs but don't think he paid the bills. That said, those other two are in jail for it and he should go after them if he wants.
Fair and so called balanced,
Fair and so called balanced, all I'm saying is this...If I walked in to a store/restaurant/bar/office and someone/s decided they didn't like me because of my appearance and chose to publicly display that they were going to beat the life out of me, an employee was personally given this knowledge and yet I had the life beat out of me then....well I am hoping you are smart enough to figure out the rest.
Brainerd, you got problems and it ain't so white around here anymore so my suggestion is that you get a grip. This southern boy has no problems with blacks but what about you....I know the answer..they scare the life out of you don't they? 2012 and it still lives but of course Minnesota nice is intact to cover up for it.
Sorry, but that bartender couldn't have won...
...if he had warned Navy, Navy probably would accused him of trying to get him out of his bar "just because I'm black". Racism is stupid, and in this case, criminal, but so is suing the bar. Keep the blame where it belongs, with the perpetrators.
I didn't say Navy
was in the wrong, intimigator. I said that I don't believe he's paid any medical bills himself. Polish up on your comprehension skills in your spare time.
$750,000 from the bar? Seems
$750,000 from the bar?
Seems reasonable.
ASSume. but mostly u!
Where was it ever determine that the bartender kept serving these guys. Or that they weren't drinking in 10 other bars before they got there. Or that mister Navy had no idea whatsoever that these guys wanted to have an altercation with him. Don't get me wrong this should never have happened it's horrible. But put the blame where the blame belongs to which is directly on the 2 people that committed the crime. Stop that teetotaling.
wow
40 years ago my sister inlaw sued a bars dram for alot of money because my brother drove drunk and killed himself!! Nobody knew about it, not front page news!! No one held a gun to my brothers head!! He liked to drink to get drunk, he would do this weekly!! My sister inlaw never had a job, before my brother died and never worked after he died!!
Interesting Precedent
Racism stinks and is so ugly. What about non racist bar violence like the guy who got beaten and killed? Why can't the victims family shake down that bar for cash? Interesting precedent.
http://brainerddispatch.com/stories/022509/new_20090225042.shtml
Why didn't those who heard the threats
call 911? Would that have been so difficult?