A man had a beer glass smashed and shattered into his face at Carolina Sports & Spirits that left him with major injuries, including a damaged salivary duct, a lawsuit says.
The smashed glass was an escalation from Benjamin Malo, who had a “longstanding animus, dislike and hatred” of John Costello IV, according to a lawsuit from Costello filed Sept. 12 in Penobscot County court.
Costello was at Carolina’s at 16 Union St. with friends on Oct. 9, 2022, when Malo and his then-partner Collette Ritchie entered the bar. Malo and Ritchie had “made it known” to employees and others that they would fight Costello, the lawsuit said.
Malo was visibly intoxicated, but he and Ritchie were both served alcohol, the lawsuit said. The couple was near the bar and started yelling at Costello, leading employees to tell them to stop.
Costello is suing Malo, Greenleaf Bar and Grill (doing business as Carolina’s) and Ritchie. Carolina’s was negligent in continuing to serve alcohol to Malo and Ritchie, who were visibly intoxicated and the bar needed to provide better security to its patrons, the lawsuit said.
“The actions of Carolinas …. were malicious, outrageous and so beyond all bounds of decency, that punitive damages are warranted,” the lawsuit said.
No attorneys are listed for Carolina’s, Malo and Ritchie, and no one responded to requests for comment.
Costello suffers from permanent injuries, loss of enjoyment of life and more because of the assault by Malo, Ritchie and Carolina’s, the lawsuit alleged. The restaurant and the couple also inflicted emotional distress on Costello, both intentionally and negligently.
Costello is asking a judge to award him damages in whatever amount the judge decides is appropriate.
Malo and Ritchie created a plan to confront Costello, the lawsuit said. Ritchie walked toward Costello and threw an alcoholic drink in his face. As Costello turned his head away from the drink, Malo rushed toward that side of Costello, per the lawsuit.
Malo hit Costello in the face with a glass of beer, smashing it into the left side of his face so hard it shattered. Costello had serious cuts to his face, jaw, eye and head, the lawsuit said.
Costello was taken to Northern Light Eastern Maine Medical Center in Bangor and then had to be airlifted to Portland for emergency surgeries. The injuries outlined in the lawsuit include a cut from his upper cheek to his jaw line with arterial involvement and significant bleeding, a cut across his salivary duct, facial nerve damage and a puncture of his left eardrum.
In March 2023, Costello and attorneys with Willey Law Offices filed a notice of claim under Maine’s Liquor Liability Act.
Two weeks later, Mark Greenleaf, Carolina’s owner, called attorney N. Laurence Willey Jr., and threatened to “personally kick Larry’s butt” if the lawsuit moved forward, the filing said.
It added that Greenleaf said “the lawsuit is frivolous. There is zero proof.”
Malo is facing criminal charges for the assault. He is in the Penobscot County Jail and is scheduled for a hearing on Nov. 6, according to court records.
Ritchie knew when Malo was drunk that he was likely to assault and harm other people, the lawsuit said. She was negligent when she allowed Malo to continue drinking and should have warned Costello of the danger, per the lawsuit.
Ritchie has not been criminally charged in the assault, per the lawsuit.