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FLORIDA RECORD

Tuesday, April 23, 2024

Lawsuit says security overreacted at restaurant after bathroom encounter

State Court
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ORLANDO -- A man is suing a security company for battery allegedly suffered from one of its employees.

Juan de la Cruz filed a complaint on May 20 in the Orange County Circuit Court against E.S.I. & T.C. Inc., a.k.a Eagle Security Investigations and Training Center, Inc., and Luis Viruet for negligence, intentional infliction of emotional distress and battery.

According to the complaint, on Sept. 8, 2019, Viruet, an employee of Eagle assaulted de la Cruz at Taquera El Alacran as a security guard. Cruz alleges he did not provoke or do anything improper to cause the reaction/overreaction of Viruet, and the attack caused him bodily injury, fractured bones, open fractures, severe emotional distress, pain and suffering, metal anguish, loss of ability to enjoy life, past and future medical bills, inconvenience and embarrassment.

"Plaintiff opened the unlocked men's bathroom door to see a missing stall door with a toilet upon which sat the young son of the owner of El Pulpo Restaurant who began crying," the lawsuit says. "He was friends with the owner of the bar and sought to impress him.

"As a result, Defendant Viruet, negligently assaulted, battered and tased Plaintiff, and Defendant Viruet's overreaction resulted in the owner pulling his revolver out and Defendant Viruet, used a choke hold from behind and tasered Plaintiff to the floor."

Cruz seeks punitive damages and other damages. Cruz is represented by Bryan W. Crews of Crews and Pesquera, P.A. 

Circuit Court in and for Orange County filing number 127214783

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