Shia LaBeouf was slapped with a $5 million lawsuit for defamation and assault by a Los Angeles bartender, whom the actor reportedly called a “racist,” but the incident has made such a negative impact on the alleged victim that he’s now gone back to court to add to the complaint. On July 17, David Bernstein filed an amended suit claiming “intentional infliction of emotional distress” as a result of the alleged altercation. RadarOnline.com has obtained the exclusive court documents.
As readers know, LaBeouf got into a verbal argument with staffers at Jerry’s Famous Deli on April 5, after Bernstein refused to serve the actor a drink, allegedly because he was already too drunk.
In the original court docs, filed on May 26, Bernstein accused the Transformers star of being “significantly under the influence…He yelled at plaintiff and appeared ready to physically confront him after plaintiff refused to serve him a drink because he appeared to be intoxicated,” Bernstein’s lawyer said. Claiming self-defense, Bernstein used a Grey Goose vodka bottle to deter the actor as he was “fearful of an imminent attack.”
The scuffle with LaBeouf “reflected an intention to commit imminent physical violence upon Mr. Bernstein,” who has “experienced significant emotional distress, anxiety and fear” and has since been faced with “significant embarrassment and ridicule” upon the video of the altercation’s release online. Bernstein claims he’s now referred to as “the racist bartender” by fans of the actor on social media.
The lawsuit also noted that Bernstein has worked at Jerry’s Famous Deli for 32 years and that he is a “beloved individual to his customers who are predominantly African-American.”
Meanwhile, LaBeouf’s attorney, Brian Wolf, claimed the lawsuit against the A-lister is “baseless.” “The recent lawsuit filed against Shia is baseless,” the lawyer said in a statement. “The statements attributed to Shia forming the basis of the action do not remotely constitute ‘defamation’. The case is little more than an effort to harass our client. We will vigorous defend and seek dismissal of this frivolous action and will seek recovery of all attorneys fees and costs from the plaintiff.”
But it appears Shia’s unapologetic attitude isn’t sitting too well with Bernstein. In new court docs obtained, the bartender explains that due to Shia’s extreme and outrageous conduct, both his personal and professional life have suffered due to the emotional distress he continues to experience from the incident.
Plaintiff also claims in the updated suit that he’s sought out “services of hospitals, physicians and surgeons, nurses and the like, to care for and treat him,” adding that Bernstein will most likely incur additional like expenses for “an indefinite period of time in the future.”
Bernstein accuses the actor of acting with intent and reckless disregard for the severe emotional distress he would suffer.
culled from Radar
