Tort Law

Lawyer sues diner after being arrested for allegedly mooning its customers

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A Michigan lawyer arrested for allegedly mooning customers at an Ann Arbor diner tells another version of the incident in a lawsuit filed last week against the restaurant.

Police said 40-year-old Ann Arbor immigration attorney David Terrence Madden was intoxicated when he was arrested at the Fleetwood Diner on April 14 and charged with disorderly conduct, the Ann Arbor News reports in a story at MLive.com. Police were called to the diner after receiving reports that Madden was outside the restaurant mooning customers.

Madden’s suit, filed on April 21 in Washtenaw, claims he was pushed to the ground by a restaurant employee who “had particularly poor social skills, was short-tempered and prone to yelling at customers.”

Madden first clashed with the employee when he tried to say hello to the cook, the suit says. The employee “began screaming” at Madden and ordered him to get out, the suit says. Madden left and sat outside with friends, according to the suit.

“Several minutes later, after calling the police,” the suit says, the employee “came out the door wildly, began verbally assaulting [Madden] and told him he must leave the premises all together.” The employee walked toward Madden, creating “a well-found fear of imminent peril,” and then shoved him, causing him to fall backward, the suit alleged.

Restaurant manager Aviva Woodward told the Ann Arbor News there was no assault. Madden “was being belligerent and crazy and went outside and was exposing himself to people,” she alleged.

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