America
Indian-American siblings awarded $9 mn over 2005 club assault
New York, March 24
An Indian-American
brother-sister duo has been awarded nearly $9 million in damages for
injuries suffered when they were assaulted by two men in a night club in
New York in January 2005.
Anuj Sapra and Arti Sapra won the
judgement on March 11 in Manhattan Supreme Court for the incident at
Club 9 1/2, owned by Ten's Cabaret, when two men beat them up with
baseball bats, according to their Indian-American attorney Ravi Batra.
The
case "represents the serious fallout of New York clubs regularly
serving underage children excessive amounts of liquor, and such drunken
state coupled with immature judgement, becoming a violent trigger for
serious injury, or worse, near-death", he said.
The court ruled
against Ten's Cabaret and awarded compensatory and punitive damages of
over $8 million for Anuj Sapra and over $640,000 for his sister.
According
to the sequence of events, a club patron, later identified as Mohammad
Abdul-Shakoor, who was underage (below the age of 21) but intoxicated,
approached Arti, grabbed her, and asked her to dance.
When she
refused, Shakoor became irate. Anuj went to her aid. Upon Anuj
approaching Arti, Shakoor was quickly joined by another man, later
identified as Mohammad Asif -- who was also underage but intoxicated.
A scuffle ensued, Anuj was struck by Shakoor and Asif, and pushed down onto a couch.
The
club's security personnel then forcibly removed Anuj, Shakoor and Asif.
The bouncers did not contact police regarding the altercation in the
club.
They restrained Anuj at the front of the club, while other security personnel escorted Shakoor and Asif out.
Later, as Anuj and Arti attempted to leave the club, they were chased down by Shakoor and Asif, who were waiting for the duo.
They
attacked Anuj with metal baseball bats, striking him repeatedly about
the head and face. When Arti tried to help her brother, Shakoor struck
her with the metal bat on her arm.
Anuj sustained serious
injuries, including traumatic brain Injury, skull fractures, facial
fractures, internal bleeding, and a fractured hand.
He was saved
from death by some New York City police officers, who saw the beating
and intervened. Shakoor and Asif were arrested.
Shakoor and Asif
were subsequently indicted by a New York County Grand Jury and while
Asif was convicted of attempt to murder Anuj, Shakoor has reportedly
fled the country, Batra said.