Jurors award Indiana victim in Champs Sports Bar fight $7 million
LAFAYETTE, Ind. — David Widner suffers from a traumatic brain injury he received in a bar fight, which Champs Sports Bar should have prevented, according to a $7 million civil judgment against the bar and its owner, Ronald Shane Mundell.
Tippecanoe Superior 1 jurors decided last month after a civil trial that the bar and Mundell were liable for Widner's permanent brain damage suffered early Dec. 28, 2012. The fight was in Champ's parking lot at 610 South Earl Ave. in Lafayette, according to court records. Widner nearly died from the beating he took and was hospitalized for seven months, racking up $850,000 in medical bills, Widner's attorney, Michael J. Stapleton, said.
Brent A. Dimmitt, the man who beat and kicked Widner, now is serving an 18-year prison sentence, according to court records.
In a video deposition from prison, Dimmitt said, "If they'd had somebody in there to intervene or confront — you know — maybe things would have ended better for Mr. Widner and myself."
Stapleton said the attack on Widner was foreseeable and preventable if Champs and Mundell had taken basic steps for security.
John C. Villines, a security and crime prevention consultant, testified in a video deposition.
"Champs essentially had no security measures in place," Villines said. "They had no written security plan. They had a history of violence and events inside and outside the bar, yet they failed to adequately address these."
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Bar employees testified that there were no bouncers and no security plan, and Lafayette police officers testified that they frequently are called there because of fights and rowdy behavior.
Lafayette police records presented in court indicated officers had been called to the bar 155 times between April 2012 and February 2013, and three officers — Sgt. Adam Mellady, Patrolmen Jeff Webb and Charlie Williams — testified that the bar had a reputation for fights and illegal activities.
In the wee hours of Dec. 28, 2012, Widner and some friends stopped into Champs for drinks, according to court documents with Dimmitt's criminal charges.
Dimmitt — who has a long beard, a shaved head and tattoos on his scalp — approached Widner and his friends inside the bar and said he didn't like the way one of Widner's friends was looking at him. Dimmitt told Widner's group he was in a gang and had just gotten out of prison for robbery and weapons charges, according to court documents for Dimmitt's criminal trial.
Widner and his friends decided to leave, but Dimmitt and some of his associates followed them outside, where Dimmitt attacked Widner and two of his friends who tried to defend Widner.
Dimmitt was seen kicking Widner in the head after he was unconscious, according to the probable cause affidavit in Dimmitt's criminal case.
A few minutes after the fight, police arrived as Dimmitt was leading bar patrons outside proclaiming, "I ... knocked him out cold!"
The Journal & Courier attempted to contact Thomas Rosta, Mundell's attorney, but he did not return the calls.
Stapleton said Mundell is appealing the jury's decision and the $7 million judgment.
"We don't anticipate that there are sufficient grounds for a successful appeal," Stapleton said, noting that they unsuccessfully attempted to settle the case before it went to trial.
J&C breaking news reporter Ron Wilkins can be reached at 765-420-5231; follow on Twitter @RonWilkins2
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