Clearwater Sears store blames for smoke damages

By Jenie Mallari-Torres | Nov 6, 2017

CLEARWATER — Sears is suing a Clearwater Kozy Korner Restaurant, alleging negligence caused nearly $50,000 in smoke damages.

Sears Hometown and Outlet Stores Inc. filed a complaint Oct. 17 in Pinellas County Circuit Court against First Buddy Inc., doing business as Kozy Korner Restaurant, alleging the restaurant failed to follow applicable safety guidelines and regulations.

According to the complaint, on March 8, 2016, the Sears store at 5251 110th Ave. N., Clearwater, incurred damages of $49,736.81 to repair and recover from the extensive smoke damage and loss of business earnings. The suit says the damages were caused by Kozy Korner in its unlawful conduct to deactivate an alarm system and intentionally start a fire inside its premises.

The plaintiff alleges Kozy Korner failed to ensure the existing alarm system was functional and operational so as to avoid foreseeable damage.

Sears Hometown and Outlet Stores seeks trial by jury, compensatory damages of $49,736. 81, pre-judgment interest, post-judgment interest, court costs and all other relief the court deems proper. It is represented by attorney William T. Abel of McLaughlin & Stern LLP in West Palm Beach.

Pinellas County Circuit Court case number 17-CA-6256

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