Man Sues Bar, Workers After Fight With Bouncer

A man filed a civil lawsuit yesterday against owners and employees of the J & M Cafe and Cardroom for injuries he suffered at the hands of the club's bouncer - injuries that left him in a coma for two weeks.

Jack Capeloto, a former Boeing employee who fine-tuned flight controls, filed a complaint in King County Superior Court for damages against the bar, bouncer Ray Clemmons and manager Dwayne Ague. The trial is expected to start in the spring of 1996.

The suit alleges the Pioneer Square nightspot failed to properly hire, supervise and train its bouncers. It also says the club failed to make known its policies for patron protection.

Capeloto, 27, of Seattle, hopes to reverse a jury verdict delivered this week in a criminal case in Seattle District Court, acquitting Clemmons of charges. The case required the victim to prove reckless assault beyond a reasonable doubt.

But in King County Superior Court, Capeloto will only be required to show that Clemmons acted negligently.

Capeloto seeks past and future lost wages and benefits; payment of past and future medical bills, payment for emotional suffering, attorney fees and general damages overall. The suit does not specify an amount.

On March 13, Capeloto entered the popular nightspot, then at 201 First Avenue S., with a group of friends. As he was leaving, he got into an argument with another customer and then with Clemmons. The argument turned physical, leaving Capeloto with a fractured skull and in a coma.

Capeloto has lost his sense of taste and smell permanently. He is undergoing rehabilitation.

"I couldn't speak, I couldn't write, it was hard to recognize people," he said. "It pretty much left me back at an infant stage, and I pretty much have had to learn everything again."

Ron Meltzer, a lawyer representing J & M, said the injuries were unfortunate but brought on by Capeloto's drunken state.

Capeloto's blood-alcohol content was 0.23, said Meltzer. In this state, 0.10 is the level used to determine drunkenness while driving.

The act which caused Capeloto's injury was accidental and not intended to harm him, said Meltzer.