In the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, plaintiff Jason Fenster has filed a lawsuit against Big Time Restaurant Group Corp., and Osteria Numero Uno, Ltd., both doing business as Elisabetta’s Ristorante Bar Pizzeria. The case, with ID 502024CA003331 XXXAMB Div: AH, was filed on April 10, 2024.
The complaint alleges that on February 20, 2023, Fenster was dining at Elisabetta’s Ristorante Bar Pizzeria when a server attempted to separate two stacked glasses, causing one to shatter and injure Fenster's right eye. The incident resulted in serious injury to Fenster and he is now seeking damages in excess of $50,000 excluding interest and costs.
Fenster accuses the defendants of negligence for creating or allowing a dangerous condition to exist within their premises. He claims that the restaurant failed to exercise reasonable care while serving guests and in the use of glassware.
The plaintiff is seeking judgment against the defendants for damages caused by their alleged negligence. He asserts that they breached their duty of care by tightly stacking clean glasses, negligently placing/stacking glasses, applying too much force while separating glasses causing "mechanical shock", and failing to employ proper hand and body position to ensure guests were not in the "line of fire".