FARGO — The man who threw a deadly punch outside the Hotel Donaldson more than four years ago is slated to testify in a civil trial brought against the downtown Fargo bar and restaurant.

Darren Patterson is listed as a witness in a civil trial brought by Jenny Grant and Christopher Sang against the Hotel Donaldson, also known as the HoDo. Patterson pleaded guilty to negligent homicide in 2018 after fatally punching Grant’s husband, Jamie, around 11 p.m. on May 27, 2017, outside the HoDo at 101 Broadway N.

Sang, who claimed he was seriously injured by another punch thrown by Patterson that night, and Jenny Grant have joined their lawsuits against the HoDo, claiming its employees were negligent in preventing Sang’s injuries and Jamie Grant’s death.

Specifically, the plaintiffs argued in court documents that HoDo staff failed to use reasonable care to protect patrons, the bar did not adopt policies regarding altercations and failed to properly train employees to handle fights.

The HoDo said in court filings it did not have a duty to protect Sang or Jamie Grant on public sidewalks outside the restaurant, and that Patterson and the Grants are to blame for the incident. The business has denied any wrongdoing and negligence in the case.

Jenny Grant and Sang also sued Patterson but settled with him out of court. The terms of the settlements were not disclosed.

Still, the HoDo faces a civil trial that begins Aug. 3. A nine-person jury will decide if the restaurant is financially responsible. Nine days have been set aside for the trial.

Jurors will review dozens of exhibits, including medical records, sketches of the HoDo and floor plans, surveillance footage, photos and a video.

Patterson is named in a joint witness list. He could appear via videoconference.

The HoDo's bar and restaurant has been closed since September 2020 due to challenges it faced during the coronavirus pandemic. It has vowed to reopen , but no date has been set.

What happened

It appears the Grants and Sang did not know Patterson before the confrontation, according to court filings.

Patterson, the Grants, Sang and others were in the HoDo when a verbal altercation broke out between them, according to court documents. One employee said it was unclear who instigated the fight, though the Grant group appeared to be antagonizing Patterson, according to a court filing.

A timeline of video evidence describes Sang making gestures toward Patterson, including flexing motions. At one point, Patterson approaches the Grant group before the altercation begins.

The argument turned physical, and staff separated the groups. Employees escorted the Grant group out the south door, while Patterson was taken out the west exit.

Patterson walked around the restaurant building toward the Grant group and punched Jamie Grant and Sang, court documents said.

Jamie Grant hit the pavement and never regained consciousness. He died nine days later.

Sang also lost consciousness but eventually woke up. He suffered a brain injury, court documents said.

Patterson was arrested and sentenced in 2018 to 18 months in prison on felony charges of aggravated assault and negligent homicide. Though he pleaded guilty to negligent homicide, he entered an Alford plea to aggravated assault , meaning he didn't admit guilt but acknowledged there was enough evidence to convict him on that charge.

He served 15 months of that sentence.

Were the punches foreseeable?

Civil filings from Sang and Jenny Grant alleged the HoDo failed to prevent the escalation of a situation that they claim was foreseeable. One forensic expert is expected to testify that HoDo operations were “unreasonably dangerous in a manner that resulted in the death of James Grant,” according to one affidavit.

Michael Gerard of Robson Forensic said HoDo employees testified that the bar’s protocol was to “get them (Darren Patterson and the Grant group) out the door” as quickly as possible. Some staff testified that they heard Patterson say he wanted to “take it outside,” according to the affidavit.

John Hughes, an attorney who is representing the HoDo, said in court filings staff called 911 as the Grant group and Patterson got into a fight in the restaurant and intervened quickly to stop the altercation. Patterson also testified he was calm as he left the HoDo, Hughes wrote.

“It was not reasonably foreseeable to the HoDo staff that Darren Patterson was a danger to the Grant group or anyone else,” Hughes wrote.

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In a February motion to dismiss the lawsuit, the defense countered claims by Sang and Jenny Grant that HoDo staff should have “taken the time to discern the identity of the more dangerous ‘aggressor’ and hold one of them ‘back.’” Had staff done that, they would have put other patrons at risk for injury, Hughes wrote.

“Whether the HoDo owed a duty cannot be assessed in hindsight,” Hughes said. “It can only be determined based on what it knew at the time, as events rapidly unfolded and left the HoDo staff with little time to react.”

Cass County Judge John Irby determined in March a jury must decide if what happened on the sidewalk was foreseeable before determining if the HoDo was negligent.

Attorneys for Sang and the HoDo did not return messages left by The Forum. Daniel Dunn, who is representing Jenny Grant, declined to comment.