April 15, 2015
Google/StreetView/October 2012
The G Lounge, now closed, had operated beneath Davio's Restaurant in the Provident Bank Building off Rittenhouse Row. A new club has opened in the spot with new ownership.
The family of Kevin Kless, who was beaten to death by three men in 2012, will receive potentially the largest bar liability settlement in Philadelphia history.
The $7 million settlement was reached with two nightclubs – Lucy's Hat Shop in Old City and G Lounge in Rittenhouse Square – that served alcohol to the three men on the night of the incident, according to the firm representing the family, Saltz, Mongeluzzi, Barrett & Bendesky (SMBB) of Philadelphia.
SMBB filed a wrongful death lawsuit against the two bars along with the three men convicted in his death in 2013, alleging the three men were continually served alcohol beyond the point of "visible intoxication" and that two of the men were served while under the legal drinking age, according to several witnesses.
Lucy's, which was located on Market Street in Old City, is now closed and the site razed for new development. G Lounge, located on 17th Street, is under new ownership and now called the 1925 Cocktail Lounge.
The three men -- Steven Ferguson, 20, Kenneth Enriquiz-Santiago, 19, and Felix Carrillo, 23 -- were riding in a taxi that Kless tried to hail early in the morning of Jan. 14, 2012, near the 400 block of Chestnut Street. An argument ensued, and the three men proceeded to beat punch and kick Kless, 23, pictured left, who died soon after from his injuries.
Ferguson, Enriquiz-Santiago and Carrillo are serving prison sentences for their role in the beating death. Ferguson, who investigators said delivered the fatal blow to Kless' head, is serving the longest sentence at 10 years.
Robert J. Mongeluzzi of SMBB said in a news release that while the settlement could not reimburse Kless' family for their loss, it delivers a message to bars and nightclubs that they will be held responsible for serving patrons who are underage or past the point of visible intoxication.
Three men – from left, Steven Ferguson, Kenneth Enriquiz-Santiago and Felix Carrillo – are all serving prison sentences in the killing of Kevin Kless. (Philadelphia Police Department/AP Photo)
John and Kendall Kless, Kevin's parents, said in a news release that they hope the settlement would hold establishments accountable for their actions.
"Our son would be alive today if those bars – their managers and their employees -- had just followed the law, starting with denying entry to minors. We intend to ensure that all bar owners understand that if they serve underage or intoxicated customers who cause harm, they will be held accountable and could be put out of business. We hope that this lawsuit will spur the industry to follow the laws, which are in place for a reason, and spare any other family from suffering the devastating, preventable loss we have endured."
According to the Pennsylvania Liquor Control Board, licensees and servers can be held liable under Dram Shop laws for death, injury or damage caused by a minor who was unlawfully served alcoholic beverages.
