Manchester Bar Faces Civil Suit In Newly Revealed Assault

MANCHESTER, NH — A Manchester bar faces more legal troubles after employees have been accused of assaults.

A civil lawsuit has been filed against McGarvey’s Incorporated located at 1097 Elm St. in Hillsborough County Superior Court by plaintiff Roland Leblanc, 53, of Manchester.

In a court document filed on June 23, Leblanc claimed he was assaulted by a McGarvey’s employee on July 25, 2019. The assault caused serious injuries to the plaintiff, who was transported to the Elliot Hospital and then transferred to a Boston hospital.

According to the document filed, “On July 24, 2019, prior to midnight Roland Leblanc was inside McGarvey’s at 1097 Elm Street Manchester. Leblanc was awaiting a hip replacement and was using a crutch for support in walking. An employee of McGarvey’s requested Leblanc leave due to an outstanding debt owed to the bar.”

The plaintiff left but returned to the bar shortly after midnight on July 25, 2019, to resolve the outstanding debt with the bartender, court documents stated. Once inside, Leblanc was encircled by three employees of McGarvey’s and was told to leave. Leblanc “was unable to discuss the debt obligation and was physically removed by two employees who dragged him out into the alley behind the club.”

The court filing continues to describe the situation: “Leblanc attempted to utilize his crutch and get back to his feet. As Leblanc lay in the alleyway, the third employee of McGarvey’s came outside and told Leblanc, 'Look what you did to me,' and then punched Leblanc in the area of his left eye.”

The court filing said Leblanc was taken by ambulance to Elliot Hospital and subsequently transported to Mass Eye and Ear where he underwent surgeries to repair the damage caused from the assaults.

The lawsuit said the defendant knew or should have known the operation of an establishment that deals with impaired and intoxicated individuals requires special skills, training, precautions, and procedures of their employees to ensure the safety of all. McGarvey’s Inc. owed the plaintiff a duty to use the applicable standard of due care in retaining, hiring, supervising, and maintaining control of his servants through procedures to prevent them from harming others, the claim stated. McGarvey Inc. “breached these and other duties when the employee left the nightclub and went into the alley and violently assaulted Leblanc after Leblanc was already removed from the club.”

These breaches, the lawsuit said, the plaintiff suffered, and continues to suffer, physical damages.

The court filing 216-2020-CV-00482 states that Dustin Bourque, one of the bouncers was responsible for removing individuals from McGarvey’s. Dustin Bourque was on duty on July 25.

Bourque and two other bouncers removed Leblanc from McGarvey’s and in the process of removing Leblanc, one of the bouncers punched the left eye of Leblanc as Leblanc laid on the ground, the court document said.

As Bourque’s employer, McGarvey’s is responsible for the acts committed by him within the scope of his employment, the filing said. As a direct and foreseeable result of these and other breaches, the plaintiff suffered and continues to suffer damages.

Bourque was one of three McGarvey’s employees arrested in January.

The incident occurred early on New Year's Day, and was recorded on video by a bystander. Initially, the victim was arrested and charged, and Manchester police did not do an investigation. However, when the video was widely distributed showing the incident, an investigation was opened, which led to the three bouncers being arrested.

An inquiry to Manchester police on June 25 verified that a call for an assault was dispatched on July 25, 2019. An officer responded to a report of an assault in the alley but did not take a report. In the document connected to the dispatch it is logged as a “past tense assault,” the officer who responded documented it as a male in his 50s who was assaulted in a “mutual combat” and “possibly a worker assaulted him.” No report was taken and no follow up was done on the victim’s condition.

Patch reached out to the Manchester Police Department to see if now they were aware of the serious injuries, if an investigation would be opened. At this time we have not received a response from Manchester police.