A man who reportedly fell down a flight of stairs at a New York City bar during SantaCon was recently told by the judge that the coma he found himself in was his own fault.
Per the New York Post, Manhattan Supreme Court Justice Barbara Jaffe dismissed a personal injury suit brought forth by Christopher Visone, 32, against the Third Avenue Tavern. Visone blamed the since-closed bar for his December 2014 fall which left him in a medically-induced coma. His lawsuit sought unspecified damages.
Visone reportedly admitted in court to drinking at least five drinks during the annual event. Moreover, an attorney representing the bar presented medical records stating that his blood-alcohol level was 0.34—more than four times the legal limit, according to the news outlet.
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Visone, a Bronx-based sales representative, claimed he slipped on something in the bar’s stairwell and fell backward down 20 steps. His attorney claimed the bar should’ve had a guardrail at the top of his steps, something the judge disagreed with.
“Providers of alcohol owe no duty to protect against the consequences of one’s own voluntary intoxication,” Jaffe said in her ruling.
Speaking with the Post, Visone said the bar was “messy” and believes his fall was due to the state of the stairs. He also claimed he only had one drink between his arrival at 10 p.m. and his departure three hours later. However, his legal team said the bar should’ve denied his entry if he was as drunk as they alleged.
“[Visone] contradicts himself by characterizing plaintiff as too drunk to be in the bar, but not too drunk to walk down the stairway safely absent any dangerous condition,” the judge noted.
Visone reportedly plans to appeal the latest ruling.
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[Featured Image: Christopher Visone/Facebook]