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Gribben approached Hamby and told him the tavern was closing and he could not play another game. Gribben ended Hamby's game, and an argument ensued.Gribben refunded Hamby's quarter and told him to leave the tavern.

The court found that the defendant had reason to know that his guests were in danger because the group had been unruly for several hours before the attack. In , the plaintiff was attacked in the parking garage, apparently owned by the defendant, by an unknown assailant.Gribben told Hamby he would let him go if he calmed down.As Gribben and Hamby struggled, Lynn retrieved a baseball bat from his car parked across the street from the tavern.There were approximately 15 people in the bar at closing time.Outside the tavern, Hamby continued to fight and struggle with Gribben until Gribben took him to the ground and held him there.Gribben did not call the police or call for an ambulance. Legleiter was severely injured as a result of this event and was hospitalized for an extended period of time. Legleiter sued Gottschalk for personal injuries and substantial damages under a theory of respondeat superior and the duty of the owner or his employees to use reasonable and ordinary care regarding patrons of the tavern.