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SDNews.com
Home Beach & Bay Press

Sam’s bar settles on stabbing lawsuit

Tech by Tech
July 9, 2009
in Beach & Bay Press, News, No Images, Top Stories
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The parents of a man who was stabbed to death outside the former Sam’s-by-the-Sea restaurant in Pacific Beach reached a settlement of $495,000 with the restaurant for claims that the victim died in part due to negligence on part of Sam’s-by-the-Sea. The lawsuit claimed that security personnel at Sam’s-by-the-Sea, formely at 4315 Ocean Blvd., ejected both Jonathan Lefler-Panela, 25, and Michael Sullivan, 26, at separate exits at almost the same time after Sullivan threw the first punch at Lefler-Panela on Jan. 8, 2006. Sullivan encountered the victim again and stabbed him 15 to 17 times outside the restaurant at approximately 2 a.m. Sullivan, now 29, is serving a prison term of 16 years to life. Restaurant proprietor Sam Kholi Enterprises Inc. settled the lawsuit with the victim’s parents, Judith Lefler and Anthony Panela, without going to trial. The Ocean Boulevard restaurant has since been sold. Attorney Thomas Penfield, who represented the victim’s parents, claimed Lefler-Panela died in part from negligence by the restaurant’s bouncers and a lack of training and supervision. “Releasing both parties from the bar at the same time – which happened in this case – results in a resumption of the fight 100 percent of the time according to experts,” Penfield said. “We hope this settlement raises awareness amongst restaurant and bar owners about their responsibility toward their customers and to the public.” Despite the settlement, the law firm of Clements & Knock that defended the restaurant released a statement saying, “Our security expert’s opinion was that proper staffing existed and acted appropriately.” The restaurant’s insurance paid for the settlement and liability was denied in the settlement, according to Clements & Knock’s statement. “There were many factual and legal arguments as to why there was no liability here,” stated the Clements & Knock press release. Patrick Herman, an attorney with Clements & Knock, said the case was also settled because it’s always unknown what a jury will do. A jury could have found that blame for the murder would rest solely on Sullivan and not the restaurant or its personnel. The jury could have also awarded damages of $1 million or more. In 2007, Sullivan testified that he got into his car and drove away but returned to the restaurant because he remembered he had left a friend without a ride home. Sullivan said he encountered Lefler-Panela outside Sam’s-by-the-Sea and that the man tackled him. Sullivan claimed he stabbed Lefler-Panela in self-defense after Lefler-Panela bit his nose. A jury deliberated 14 days before convicting Sullivan of second-degree murder on July 24, 2007. Sullivan lived in Pacific Beach at the time and the victim resided in Mission Valley. San Diego Superior Court Judge Frank Brown also ordered Sullivan to pay $10,060 in funeral costs by the judge at his sentencing, but Sullivan has appealed the verdict.

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