In the category of “whatever happened to that case” … news of a six-figure settlement for Daniel Acosta, a Yorktown man who sued The Katonah Grill in Katonah after he almost bled to death after a fight in the bar’s parking lot in October 2004.
Acosta, 28, was slashed from neck to chin during the fight and sought damages from the establishment, claiming its employees fueled the violence by continuing to serve his drunken attacker after the initial fight.
The lawsuit claimed the business was negligent under the state Dram Shop Act, which states that if a bar sells alcohol to a visibly drunk person, the bar can be sued for damages if that person injured or kills someone else. The case went to trial earlier this year but never reached a verdict. It was settled for $905,000. Acosta’s lawyer said they originally sought “multimillions.”
According to court records, the owner and bouncer of The Katonah Grill brought Acosta’s attacker into the basement and told him to stay there. He was given another drink and took two OxyContin pills, according to the suit, which claimed The Katonah Grill “acted with reckless disregard for the safety of others” by hiding Barrows, allowing him to take narcotics, and “continuing to serve him alcohol.”
Acosta, whose jugular was severed, was taken to the hospital. His attacker was arrested in Queens in February 2005 and charged with attempted murder. He pleaded guilty to first-degree attempted assault and was sentenced to five years in prison. He is eligible for parole in October 2010.