Newlyweds Allege Trauma from Wedding Party Brawl

A “distraught” bride and her husband have sued the New Hampshire banquet facility that hosted their “disastrous” wedding reception, alleging managers failed to protect them from an unusual dangerous condition -- the guests at another wedding.

Marcy and Sans Milbury paid more than $18,000 for their September 2007 reception in the Embassy Room of the Granite Rose in Hampstead, N.H. The facility promises “Lasting Memories,” but the Milburys claim they suffered lasting trauma after things got “out of hand” at the other wedding party in the neighboring Treasure Room.

The Kieley Corp., which owns the Granite Rose, “failed to provide a reasonably safe premises, overserved alcoholic beverages, and generally failed to live up to its express representations that Mr. Milbury and Mrs. Milbury 'won't even know the other party is there,'” the couple alleges in a negligence suit filed last month.

According to the writ of summons, the trouble began with several “completely intoxicated” female guests -- including the bride -- “vomiting all over the common bathroom” between the two banquet rooms and attacking the Milburys' female guests who were trying to use it.

The facility's special events coordinator admitted the Treasure Room reception was “an absolute disaster,” the suit says, but allowed it to continue for a couple more hours until, at midnight, staff closed down both parties, forcing all the guests into the parking lot at the same time.

A “general melee” then ensued in the parking lot that, The Eagle Tribune newspaper reported, left "numerous" people with cuts, bruises and black eyes. It took police from 12 local departments to break the brawl up.

“After a year of planning for the most important day of her life, [Marcy Milbury] was reduced to tears for 45 minutes on her wedding night,” the suit alleges.

Granite Rose owner Richard Kieley told The Eagle Tribune that in 40 years in the hospitality business, he had never seen anything like anything like it. But the Milburys say it was foreseeable that management's “failure to maintain a reasonably safe and secure environment in which to celebrate one's wedding ... would result in a destroyed wedding, and a distraught bride.”

The New Hampshire Supreme Court has ruled that a man assaulted by other patrons at a Burger King could sue the restaurant for failing to maintain its premises in a reasonably safe condition.

“[C]ould the defendant have anticipated a risk of injury to the plaintiffs when other patrons were engaged in offensive conduct for a measurable period of time? We answer that question in the affirmative,” the court said in Iannelli v. Burger King, 761 A.2d 417 (2000).

The Milburys' case, however, could be distinguishable since they do not allege either of them was physically injured. Marcy Milbury, the suit says, “witnessed many of the events, particularly the parking lot melee.”

The couple also allege a claim for negligent infliction of emotional distress that covers not only the wedding reception but also the aftermath of “dealing with post-wedding matters such as distribution of wedding reception photographs.” To prevail on that claim, they must prove that “physical injury resulted from the emotional distress caused by the defendant.” In re Petition of Bayview Crematory, 930 A.2d 1190 (2007).

By Matthew Heller
2/5/08