A Clearwater resident has taken legal action against a prominent fast-food chain and its manager, citing severe injuries sustained from a slip-and-fall incident. Graciela Marenco filed the complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on September 5, 2024, naming Wendy's Properties LLC and a manager identified only as "Melissa" as defendants.
According to the lawsuit, Marenco visited Wendy's #01219 located at 9000 4th St. N., St. Petersburg, Florida, on March 25, 2024. During her visit, she allegedly slipped on an unknown substance left on the restaurant floor, resulting in serious injuries. The complaint asserts that Wendy's Properties LLC and its manager were negligent in maintaining the premises by allowing a hazardous condition to exist.
Marenco's attorney contends that Wendy's Properties LLC had a non-delegable duty to ensure that their premises were safe for invitees like Marenco. The lawsuit states that the company failed to maintain the restaurant floor in a reasonably safe condition and did not warn customers of potential dangers. "The unsafe condition of the floor was known to Wendy's Properties LLC or had existed for a sufficient length of time that they should have known about it," reads one part of the complaint.
The plaintiff further alleges that specific failures contributed to her accident: failing to remedy the dangerous condition despite having actual or constructive knowledge of it; allowing hazardous conditions to persist; not warning patrons about these dangers; failing to provide non-skid surfaces; and not properly drying the floor after mopping it. As a result of these alleged oversights, Marenco claims she suffered physical pain, incurred medical expenses, experienced mental anguish and physical handicap, lost earnings and earning capacity, and endured loss of enjoyment of life. The injuries are described as permanent and continuing.
In addition to seeking damages exceeding $50,000 from both Wendy's Properties LLC and Manager Melissa for negligence, Marenco is also demanding interest and costs associated with her case. She has requested a jury trial for all triable issues.
Representing Marenco is Tomas Phillip Gacio from Abrahamson & Uiterwyk Car Accident & Injury Lawyers based in Tampa. The case has been assigned Case Number 24-003986-CI.