Roberto Vengoechea has filed a negligence complaint against Brixmor/IA Clearwater Mall, LLC, Quality Restaurant Group, LLC, and Quality Fresca I, LLC. The complaint was filed in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida on May 30, 2024.
The plaintiff, Roberto Vengoechea, alleges that he suffered serious injuries due to an uneven sidewalk at Moe’s Southwest Grill located at 2679 Gulf to Bay Blvd., Clearwater. On October 12, 2022, Vengoechea was walking up to the restaurant when he fell on the uneven sidewalk. He claims that the defendants—Brixmor/IA Clearwater Mall (the property owner), Quality Restaurant Group (the business operator), and Quality Fresca I (another entity controlling the property)—were negligent in maintaining the premises.
Vengoechea asserts that all three defendants failed in their duty of care by not warning him about the dangerous condition of the sidewalk. He also accuses them of failing to maintain a safe environment, properly supervise maintenance personnel, inspect for hazardous conditions, display warning notices, and provide prompt medical assistance after his fall. "The dangerous condition was known or had existed for sufficient length of time so that the Defendant either knew or should have known of it," states Vengoechea in his complaint.
As a result of this alleged negligence, Vengoechea claims he has suffered from pain and suffering, disability, exacerbated pre-existing injuries or conditions, mental anguish, loss of income and earning capacity, loss of enjoyment of life, and incurred medical expenses. These losses are described as permanent or continuing in nature.
The plaintiff is seeking damages exceeding $50,000 exclusive of costs and attorney fees. He demands judgment against all three defendants along with a trial by jury on all issues triable as a matter of right.
Representing Roberto Vengoechea is Jared J. McCabe from The Pendas Law Firm based in Tampa. The case has been assigned Case Number 24-002393-CI and will be presided over by judges from the Circuit Court of Pinellas County.