Wrongful Death Action Filed Against Philadelphia Bars

For Immediate Release

Wronful Death Actions Filed Against Philadelphia Bars That Served Confessed Killers Prior to 2012 Beating Death of Kevin Kless

Philadelphia, PA (August 22, 2013) – A wrongful death complaint has been filed against Lucy’s Hat Shop (247 Market St.), the Old City bar, and G Lounge (111 S.17 St.), a popular Philadelphia night-club located in the City’s Rittenhouse Square neighborhood. The suit alleges that the bars are responsible for the tragic beating death of 23-year-old Kevin Kless, who was attacked by Kenneth Enriquiz-Santiago, Steven Ferguson, and Felix Carrillo in the early morning hours of January 12, 2012. The suit also names as defendants the three men.

Kenneth Enriquez-Santiago, Steven Ferguson, and Felix Carrillo are all serving prison sentences for their role in the death of the Temple University graduate. Police reported that it was Ferguson who delivered the fatal blow to the head of Kless. The altercation began when Kless was trying to hail a cab along with his girlfriend on Chestnut St., a few blocks from Lucy’s bar. While Kless had also been a patron of Lucy’s, neither he nor his friends had any prior contact with his attackers.

The complaint, filed on behalf of the estate of Mr. Kless in Philadelphia Court of Common Pleas by the law firm of Saltz, Mongeluzzi & Bendesky, PC, asserts that the three men were in an “exceedingly inebriated” condition, at the time that they beat Kevin Kless, shortly after Lucy’s Hat Shop closed in the early morning hours of January 12, 2012. The complaint indicates that the bars continued to serve alcohol to the three assailants well beyond the point of “visible intoxication”, in violation of Pennsylvania’s liquor code. In addition, the complaint alleges that two of the three men – Kenneth Enriquiz-Santiago and Felix Carrillo – were under Pennsylvania’s legal drinking age at the time that the bars served them copious amounts of liquor. The suit further alleges that Lucy’s and G Lounge, its various owners and employees, collectively knew or should have known that they were risking a catastrophe by not only serving underage drinkers but by continuing to do so long after it should have become apparent they could become violent.

“Kevin Kless did not deserve to die and the time has come to hold Lucy’s Hat Shop and G Lounge responsible and accountable for their actions as they relate to his senseless and premature death,” stated attorney Michael F. Barrett following the filing of the civil action. “Pennsylvania’s liquor liability laws make it illegal for bar owners to engage in such reckless conduct and permit bars to be held liable in such instances. We look forward to presenting to a jury all of the shocking facts that have come to light during our investigation.” The three assailants stopped at G Lounge on their drinking binge earlier that night before they were served at Lucy’s.

Joseph G. DeAngelo, Barrett’s co-counsel, noted that the complaint portrays a culture of regular and accepted alcohol-fueled rowdiness at Lucy’s at the time of the killing. “The information we have learned in investigating this tragic case is troubling. As we included in the complaint, Lucy’s general manager has indicated that on the typical weekend night 20% of the crowd at the bar is so intoxicated that they don’t know what they’re doing and are out of control. The general manager has also indicated that 100% of the patrons at the bar are impaired. Given the laws of this Commonwealth, which clearly reflect public policy concerns, these statements go right to the heart of plaintiff’s allegations in this case.”

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