Birchwood Inn accused of negligence by patron thrown out of Canopy Rooftop Lounge

By Jenie Mallari-Torres | Jun 2, 2018

CLEARWATER — A patron is suing Birchwood Inn Partners LLP and Birchwood Inn LLC, doing business as The Canopy Rooftop Lounge, alleging negligence.

CLEARWATER — A patron is suing Birchwood Inn Partners LLP and Birchwood Inn LLC, doing business as The Canopy Rooftop Lounge, alleging negligence.

James Powers filed a complaint May 17 in the Pinellas Circuit Court alleging the defendants failed to follow applicable safety guidelines and regulations.

According to the complaint, the plaintiff alleges that on Sept. 20, 2014 he was a patron of the lounge located on the rooftop of the defendants' property, when the staff used excessive and unreasonable physical force to remove him from the premises, causing serious injuries and damages, and resulting in pain and suffering, disability, disfigurement, mental anguish, loss of the enjoyment of life, medical expenses, loss of earnings, and aggravation of a previously existing condition. 

The plaintiff holds the defendants responsible because they allegedly failed their duty to ensure that its staff did not use unreasonable and/or excessive force on customers, failed its duty to properly supervise and monitor its staff, and failed to provide proper training and/or instructions to its staff.

The plaintiff requests a trial by jury and seeks a judgment against the defendant for damages in excess of $15,000, exclusive of interest and costs. He is represented by Brett Berger of Maney & Gordon PA in Tampa.

Pinellas Circuit Court case number 18-CA-3231

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