THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, May 16, 1995 TAG: 9505160427
SECTION: SPORTS PAGE: C1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 88 lines
Two years after a bar bouncer punched out baseball player Glenn Davis at an Oceanfront nightclub, breaking Davis' jaw, the former major leaguer is suing the bouncer and the bar for $5.35 million.
The lawsuit, filed Monday in Norfolk's federal court, accuses Club Rogues and bouncer Samuel C. Hampton of assault and battery, negligence, and negligent training and supervision.
Davis seeks $5 million in general damages, plus $350,000 in punitive damages, the most allowed under Virginia law.
The lawsuit says Rogues hired Hampton ``because of his physical attributes and skills as a professional boxer,'' and ``authorized and encouraged Hampton to use force and physical violence to perform his duties as a bouncer.''
Hampton, now 27, punched Davis, now 34, twice in the face outside the club on June 7, 1993. Hampton was acquitted of assault charges in 1993. At the trial, Davis said the bouncer attacked him when he was looking the other way. Hampton said he punched Davis in self-defense.
In the lawsuit, Davis' attorney, David M. Zobel, says, ``Even if Hampton believed that he was about to be harmed by Davis, Hampton was negligent in punching Davis' face because blows to the head constitute deadly force.''
Rogues' attorney could not be reached for comment Monday.
Zobel said he waited to file the lawsuit so Davis could continue treatment for his jaw, and so the case could be heard during the offseason.
Cases in Norfolk's federal court usually go to trial about eight months after they are filed.
Zobel said he is seeking $5 million because Davis lost a lucrative major league contract after the fight.
In 1993, Davis was making $3.75 million in the second year of a two-year contract with the Orioles. After the fight, he missed the rest of the 1993 season and was released.
In 1994, he made $40,000 playing for Triple-A Omaha. This year he is playing in Japan. Zobel said he does not know how much Davis is being paid.
``So the question is: What would he have earned in '94 had his jaw not been broken?'' Zobel asked.
Rogues and Hampton probably will argue that Davis was damaged goods even before the fight.
By 1993, Davis was a fading star with an uncertain future.
At one time, he was one of baseball's hottest sluggers, averaging 30 home runs a year for the Houston Astros from 1986 to 1989.
But after signing with the Orioles for nearly $4 million a year, Davis got hurt, and his production fell off. He hit only 24 home runs in three years with Baltimore.
In the middle of a slump, Davis was sent to Triple-A Rochester, one week before the Rogues incident. Rochester was in town to play the Norfolk Tides when the fight happened.
It started about 1 a.m. on June 7, 1993, when Davis and two teammates were leaving the bar. Some bar employees said the three men were being loud and obnoxious.
At Hampton's criminal trial in 1993, Davis testified that some Rogues bouncers had wrestled one of his teammates to the ground, and Davis was trying to intervene.
Davis said he told the bouncers, ``Look, we don't want any problems. He's a ballplayer. They're going to hurt him.'' He said one bouncer pushed him and another bouncer pulled him, and he lost his balance, grabbing Hampton's shirt. That's when Hampton hit him, Davis said.
But Hampton testified that Davis threatened him first. Hampton said he warned Davis, ``Back off, back off, before you get hurt,'' and Davis replied, ``Wait a minute! I'm not going to get hurt tonight. If anyone's going to get hurt, it's you.''
One customer, an off-duty police officer, said Davis put his finger under Hampton's chin and kept moving him back. Another customer said Davis picked Hampton off the ground by the throat and armpit.
A judge, after hearing six versions of the fight from six witnesses, ruled there was reasonable doubt about Hampton's guilt. ``This is a classic example of when you have a number of witnesses and all of them see something different,'' the judge said.
Since then, Davis' career has rebounded. Last year in Omaha, Davis hit .282 with 27 home runs and 97 RBIs in 129 games. So far this year in Japan, Davis is batting .298 with four home runs and 12 RBIs in 84 at-bats. ILLUSTRATION: [Color Photo]
Glenn Davis seeks $5 million in general damages, plus $350,000 in
punitive damages.
KEYWORDS: LAWSUIT by CNB