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FLORIDA RECORD

Friday, March 29, 2024

Customer sues Burger King claiming unsafe premises

ORLANDO — A customer is suing Burger King, alleging that insufficient measures were taken to prevent injuries due to a faulty bench.

Darryl Merthie II filed a complaint on May 9 in the 9th Judicial Circuit Court of Florida-Orange County against Magic Burgers, LLC doing business as Burger King alleging that the defendant failed to exercise reasonable care and to maintain its premises in a safe and hazard-free condition.

According to the complaint, the plaintiff alleges that on Feb. 3, 2017, he was lawfully in the fast food restaurant at 6400 North Orange Blossom Trail in Orlando and was sitting on the bench when suddenly it dislodged from the table, causing him to fall on the ground and sustaining severe bodily injuries, resulting in pain, suffering, disability, mental anguish, expense of hospitalization, and medical and nursing care and treatment. 

The plaintiff holds Burger King responsible because the defendant allegedly failed to maintain its premises from safety hazards and breached its duty to provide reasonable care to its visitors.

The plaintiff requests a trial by jury and seeks damages exceeding $15,000, exclusive of costs, interest, attorney's fees and other relief the court may deem just and proper. He is represented by Steven J. Tomesko of Dan Newlin & Partners in Orlando.

9th Judicial Circuit Court of Florida - Orange County Case number 18CA004818

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