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The bartender, identified only as R.N., was working at Surf BBQ in Rumson on Oct. 28, 2022 when a "much older patron" named Daniel Boswell, a regular customer, groped both of her breasts, according to the suit filed in March 2023, in Monmouth County Superior Court.
"When the Surf BBQ Defendants learned of this serious and disturbing assault, they failed to take any remedial action," the lawsuit says, noting their conduct was "nothing short of a recipe for disaster."
A representative of the East River Road restaurant declined comment when Daily Voice called Sunday, April 2.
Boswell regularly visited the Rumson restaurant, imbibing copious amounts of alcohol often to the point of intoxication, the suit says. Despite knowing this, management never cut him off nor asked him to leave, the lawsuit says.
This time was allegedly no different. Boswell drank with Rallo's brother, Robert Rallo — who is the restaurant's co-owner — and manager Montana Perez. Perez had also been serving Boswell alcohol and taking shots with him, according to the suit.
After many hours of drinking, Boswell snuck up behind R.N. when her back was turned to get his burger from the takeout window, and "forcefully groped her breasts with both hands," the suit alleges. "Shocked and appalled," the defendant reported the incident to Perez, Robert Rallo and manager Andrew Bouthillettew, the suit says.
"Rather than address her concerns, they turned a blind eye to Defendant Boswell’s gross invasion of Plaintiff’s bodily autonomy," the court papers say. "Worse, the Surf BBQ Defendants indifferently permitted Defendant Boswell to remain on the premises for several hours thereafter, despite Plaintiff’s repeated pleas to eject him."
Perez said he didn't know what to do when R.N. reported the alleged assault, and Bouthillettew said, "Cut him off, I guess," according to the lawsuit. R.N. repeatedly asked to have Boswell removed from the premises, but he never was, the lawsuit alleges.
He stayed there for several more hours as R.N.'s bosses made excuses for his behavior, the lawsuit says. It wasn't until another employee found him passed out in the parking lot near R.N.'s car, court papers read.
Bouthillettew went outside to call Boswell an Uber, and R.N. was escorted to her car by a colleague, the suit says. Surf BBQ did not take action to ban Boswell from the restaurant's premises, according to the lawsuit.
R.N. ultimately felt too unsafe to return to work, and so she quit.
"Surf BBQ utterly disregarded its obligation to provide Plaintiff a safe working environment," attorney Christian V. McOmber said. "First, Surf BBQ facilitated overdrinking at its establishment and Ms. Perez, a manager on duty, even did shots with Mr. Boswell prior to the incident.
"Second, despite Plaintiff’s repeated requests, Surf BBQ failed to eject Mr. Boswell from the restaurant after he sexually assaulted our nineteen-year-old client in public. We stand united with our client in exposing this outrageous and unlawful behavior."
The lawsuit alleges violations of New Jersey’s Law Against Discrimination, Battery, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, and Negligence. Plaintiff seeks compensatory damages, punitive damages, and attorneys’ fees and costs.
R.N. has filed the suit against Surf BBQ, Max and Robert Rallo, Boswell, Perez and Bouthillettew, alleging sexual harassment, battery, hostile work environment, and negligence. Victor Rallo is not named.
Victor Rallo, who hosted Eat! Drink! Italy! on PBS, is not named in the suit.
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