A Clearwater woman has filed a lawsuit against a major fast-food chain, alleging severe injuries due to the company's negligence. On July 22, 2024, Susan Kott lodged a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, accusing Substantial Corporation, operating as Subway, of failing to maintain safe premises.
According to the complaint filed by Kott and her attorney Rick Terrana from Morgan & Morgan, P.A., the incident occurred on May 28, 2022. Kott was visiting a Subway location at 2677 Roosevelt Blvd in Clearwater as a business invitee when she sat on a chair that allegedly collapsed under her weight. The plaintiff asserts that Subway had a non-delegable duty to ensure the safety of its premises for customers but failed in this responsibility.
The complaint details several alleged failures on Subway's part: "Negligently failed to maintain or adequately maintain a chair by allowing said chair to become weak and unsafe causing a hazard to the Plaintiff as she sat on said chair," it reads. Additionally, it claims that Subway did not properly inspect or warn about the hazardous condition of the chair despite knowing or having enough time to know about its dangerous state.
As a result of this incident, Kott claims she suffered significant injuries including permanent bodily harm, pain and suffering both physical and mental, disability, disfigurement, mental anguish, and loss of capacity for enjoyment of life. She also cites expenses related to hospitalization and medical care along with lost earnings and diminished earning capacity.
Kott is seeking damages exceeding $50,001 exclusive of costs and interest. She demands judgment for these damages plus interest and costs and requests a jury trial for all triable issues.
The case is being handled by Judge Ken Burke under Case Number 24-003226-CI. Representing Kott is Rick Terrana from Morgan & Morgan P.A.