Family Sues Lansdowne Pub Over Death of Son in 2010
Claims bar didn't keep its patrons safe enough at the time of his death.
The family of a man killed at Lansdowne Pub in 2010 is suing its owner, claiming the bar didn’t keep its patrons safe enough at the time of his death.
The estate of Michael DiMaria is seeking $4 million from Concorde Entertainment, the company that owns the pub, according to a wrongful death lawsuit filed in U.S. District Court in Boston Wednesday.
On the evening of Aug. 14, 2010, DiMaria, 23 at the time, was struck by a shard of glass that broke off of a heavy beer mug thrown by another patron, Hector Guardiola, 26, of South Boston. While Guardiola has been punished criminally, the Landsdowne Pub also bears responsibility in the death, the lawsuit alleges.
Guardiola pleaded guilty to involuntary manslaughter in 2011 and is serving a 4-to-7-year sentence. He threw the mug in a dispute with another member of DiMaria’s party, and it smashed when it hit its intended target in the head. One of the shards hit DiMaria’s throat, slitting his jugular and leading to his death. DiMaria was not involved in the fight.
The lawsuit was filed by attorney Lewis Eisenberg on behalf of Joseph DiMaria, Michael's father and the executor of his estate. The Lansdowne Pub had a responsibility to keep its patrons safe, and it failed that night, the lawsuit said.
“The defendant negligently and carelessly maintained the premises of the Lansdowne Pub and provided inadequate security for those lawfully upon the premises,” the lawsuit reads. “As a direct and proximate result thereof, (DiMaria) was injured and died.”
The lawsuit alleges two counts of wrongful death and one count of survival. It seeks $4 million in damages and seeks a jury trial.
According to news reports during Guardiola's trial, DiMaria was living in New York at the time of the incident and was visiting Boston to meet up with old college friends. Shortly after his death, DiMaria's Family members told the Boston Globe they were devastated.
“We don’t know what to do with ourselves,” Jennifer DiMaria, Michael's sister told the Globe in 2010. “My parents are walking around like zombies, my grandparents are devastated … We’ll miss him so much."