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Plaintiff injured cook sues food truck operator over negligence

FLORIDA RECORD

Thursday, November 21, 2024

Plaintiff injured cook sues food truck operator over negligence

State Court
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A shocking incident involving a food truck has led to a lawsuit filed in Pinellas County, Florida. Amanda Fowler, the plaintiff, filed a complaint on July 18, 2024, against Love’s Enterprises, Inc., doing business as Mad Hatters Ethnobotanical Tea Bar and Fat Dawgz, LLC.

The complaint reveals that Amanda Fowler was temporarily assisting as a cook at Fat Dawgz on August 13, 2022. According to the filing, Fat Dawgz operates a food truck business located on premises owned by Mad Hatters. On that fateful day, Fowler suffered severe injuries when hot oil from an unsecured fryer tilted over her inside the food truck. The complaint states that both defendants had specific duties of care towards Fowler and alleges that their negligence directly caused her injuries.

Fowler accuses Fat Dawgz of several negligent acts including failing to remedy a dangerous condition, improperly maintaining and securing the oil fryer, and not warning her about the hazardous situation. The complaint reads: "Defendant, FAT DAWGZ, breached said duty of care by committing the following negligent acts: In creating or failing to remedy a dangerous condition; In failing to properly maintain the subject oil fryer; In failing to properly secure the subject oil fryer; In failing to warn the Plaintiff of the dangerous and hazardous condition."

Similarly, Mad Hatters is accused of neglecting its duty to ensure that equipment used by vendors on its property was safe for use. The filing asserts: "Defendant, MAD HATTERS, breached said duty of care by committing the following negligent acts: In creating or failing to remedy a dangerous condition; In failing to ensure all vendors on the property maintain safety protocols and procedures; By failing to institute safety protocols and procedures for vendors on their property."

As a result of these alleged breaches of duty by both defendants, Fowler claims she has endured significant physical and mental suffering. She lists various damages including permanent bodily injury, disability, disfigurement, mental anguish, inconvenience, loss of capacity for enjoyment of life, medical expenses for hospitalization and nursing care among others. The complaint emphasizes that these losses are either permanent or continuing.

Amanda Fowler seeks judgment for damages exceeding $50,000 against each defendant. She demands compensation for general damages as well as past and future medical expenses along with other incidental costs incurred due to this incident.

Representing Amanda Fowler are attorneys Francisco I Abad Esq., Jeremy T. Schilling Esq., and Aaron D. Silvers Esq., from Schilling & Silvers PLLC based in Fort Lauderdale. 

The case has been assigned Case Number 24-003200-CI in the Circuit Court of Pinellas County under Judge Ken Burke.

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