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[ Friday, Sept. 8, 2006 ]

Skeller sues for legal fees

Collegian Staff Writer

After settling for $2.5 million with the mother of a Penn State student who died in 2003, the All American Rathskeller is suing its insurance company, its agent and two of its former employees.

Penn State junior Salvador Peter Serrano died in front of the Rathskeller, 108 S. Pugh St., on Oct. 27, 2003, after an argument with Rathskeller bouncers Jason and Christopher Rosengrant, who allegedly held Serrano to the ground until police arrived. Serrano passed out and suffocated in his own vomit.

Who's Who
Salvador Peter Serrano - PSU junior who suffocated Oct. 27, 2003 while being held down by Rathskeller bouncers
Central Insurer's Group, Inc.
- the Rathskeller's insurance agency
William Jones
- the Rathskeller's insurance agent for over 20 years
Duke Gastiger
- owner of the Rathskeller
Jason and Christopher Rosengrant
- former Rathskeller employees acquited of manslaugher who are being sued for legal fees by Gastiger
Robert Rayman - Gastiger's attorney who is suing the Rosengrants


The owner of the Rathskeller, Duke Gastiger, is suing the Rosengrants, who Gastiger claims owe him $57,200 in loaned legal fees. The Rathskeller is also suing Central Insurer's Group, Inc., 1360 N. Atherton St., and agent William Jones for insurance coverage that the lawsuit claims was not adequate for a college bar.

The exact amount of the settlement between the bar and Grace Jimenez, Serrano's mother, and Brooke Morgan, his fiancée, had previously remained confidential. However, in the lawsuit filed by its attorneys, the Rathskeller states it was forced to settle "to avoid potential exposure to a jury verdict of over $10 million."

In the lawsuit filed Aug. 3, the Rathskeller alleges that Central Insurer's Group Inc. and Jones failed to obtain adequate coverage when the agency secured a policy worth $500,000 to cover events of assault, battery or other similar incidents.

According to court documents, Jones and his agency represented the Rathskeller for more than 20 years. The lawsuit alleges that the agency should have known "the nature of Rathskeller's business as a college bar that frequently was required to expel unruly and intoxicated patrons" and failed to obtain the appropriate coverage in anticipation of such incidents.

The Central Insurer's Group office said all questions regarding the lawsuit were being forwarded to Jones, who was not available for comment.

Gavin Lentz, Todd McGarvey and Andrew Shubin, the attorneys representing the Rathskeller, did not respond to repeated requests for comment.

Gastiger is suing the Rosengrants for allegedly having only repaid $2,800 of the $60,000 he lent them.

Christopher Rosengrant, of Boalsburg, allegedly pushed Serrano to the ground after an argument ensued outside the bar. Serrano was then allegedly restrained by Jason Rosengrant, of Philadelphia.

The two men were acquitted of involuntary manslaughter charges in December 2004.

In the lawsuit, Gastiger claimed he lent the Rosengrants the money to hire attorney Robert Munley during the criminal trial. The loan was made in June 2004 with an agreement that it would be paid in monthly increments plus interest, according to the suit.

Gastiger's attorney, Robert Rayman, did not respond to repeated requests for comment.


 

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Updated: Sunday, September 10, 2006  2:54:15 PM  -4
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Created: Wednesday, May 07, 2008  6:57:30 PM  -4