Case Background
John Olexsovich, an adult resident of Baden, Beaver County, Pennsylvania, filed a negligence lawsuit against North Shore Pub, LLC, doing business as McFadden's Restaurant & Saloon, a bar and restaurant located at 211 N. Shore Drive, Pittsburgh. Olexsovich verified his complaint on August 1, 2023. Olexsovich and several friends visited McFadden's on the night of April 1, 2023, as paying customers, purchasing food and drinks until the establishment closed around 2:00 a.m. on April 2, 2023. After settling their bill, the group left the building and waited outside on the sidewalk for an Uber ride. McFadden's employed security personnel whose stated purpose was to keep patrons and staff safe on the premises. McFadden's, through its counsel, filed and served an Answer and New Matter on or about November 7, 2023. Randy Lamp, the General Manager of North Shore Pub, LLC, verified the Answer on behalf of the business on November 5, 2023.
Cause
While Olexsovich and his group waited outside for their ride, a friend struck Olexsovich on the back of the head, which the complaint described as playful, after which the two engaged in roughhousing on the sidewalk. McFadden's security guards then came out of the bar and intervened, taking Olexsovich to the ground. Olexsovich alleged that security tackled him without warning or justification and chased his friend away, despite the fact that he had already left the property and posed no threat to anyone. McFadden's disputed this account, admitting that its security staff witnessed a confrontation and intervened to subdue Olexsovich, but denying that the strike to his head was playful or that the two men were merely roughhousing, characterizing the encounter instead as fighting. McFadden's also denied that its staff tackled Olexsovich, denied that it chased his friend away, and denied that the incident occurred off its property.
Injury
Olexsovich claimed he suffered a fractured humerus, a concussion, and post-concussive syndrome as a result of being taken to the ground by security. He also reported damage to his teeth, neurological damage, and tendonitis, along with blunt force trauma to his head, arm, and body that left him with scrapes, bruises, and scars. He further stated that he experienced confusion, an inability to concentrate, headaches, and numbness and pain in his extremities, as well as depression and anxiety following the incident.
Damages Sought
Olexsovich sought compensatory damages in excess of the arbitration limits for pain, suffering, and inconvenience; anxiety, embarrassment, and humiliation; loss of life's ordinary pleasures; disfigurement; past and future medical and dental expenses; and present and future wage loss and loss of earning capacity. He also demanded a jury trial.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): John Olexsovich
· Counsel for Plaintiff(s): Thomas B. Anderson
Defendant(s): North Shore Pub, LLC, d/b/a McFadden's Restaurant & Saloon
· Counsel for Defendant(s): Trisha A. Gill, Esquire | Paul D. Svirbel | Elizabeth Regan Jarvis
Claims
Olexsovich brought a single count of negligence against McFadden's. He argued that the bar's security personnel failed to properly assess the situation outside the establishment and used excessive force against him after he had already left the property and posed no threat. His complaint listed several specific failures, including a failure to maintain a safe environment for invitees, a failure to properly hire, train, and supervise security staff, a failure to have adequate policies preventing improper physical restraint of patrons, and a failure to call 911 or provide first aid after the incident. He maintained that McFadden's staff acted through its agents and employees, including its security personnel, and that the company bore responsibility for their actions.
Defense
McFadden's admitted that Olexsovich and his friends were patrons on the night in question and that its security staff came outside and intervened after witnessing fighting between Olexsovich and his friend. The company admitted that its staff subdued Olexsovich and took him to the ground in an effort to halt the fighting, but it denied that Olexsovich was tackled and denied that his friend was chased away. McFadden's denied that its security personnel improperly assessed the situation or used excessive or unnecessary force, and it denied that the incident occurred off its property. In its New Matter, the company argued that Olexsovich's claims failed to state a valid cause of action, that any damages were barred or reduced by his failure to mitigate them, and that his claims were barred by assumption of risk. McFadden's further argued that Olexsovich's own contributory or comparative negligence caused or contributed to his damages, that any injuries resulted from conditions or the acts of third parties over which the company had no control, and that it never breached any duty owed to him. The company maintained that its security services were conducted in a reasonably prudent manner intended to protect its customers and others lawfully on the premises.
Jury Verdict
The jury reached its verdict on May 22, 2025. Jurors first determined that McFadden's Restaurant & Saloon acted negligently and that this negligence factually caused harm to Olexsovich. The jury then found that Olexsovich himself was also negligent. However, when asked whether Olexsovich's own negligence was a factual cause of harm to himself, the jury answered no. Because of this finding, the jury did not answer the question allocating a percentage of fault between the parties and proceeded directly to determining damages.
The jury awarded Olexsovich $275,000 in damages to cover his past medical expenses along with past, present, and future pain and suffering, embarrassment and humiliation, loss of enjoyment of life's pleasures, and disfigurement. Consistent with the finding that Olexsovich's own negligence did not factually cause his harm, the award was not reduced by any percentage of fault. The formal Verdict document memorializing the $275,000 award in favor of Olexsovich was signed by the presiding judge.
Court documents are available upon request at [email protected]
