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Plaintiff alleges negligence against gas station corporation following violent encounter

FLORIDA RECORD

Friday, January 17, 2025

Plaintiff alleges negligence against gas station corporation following violent encounter

State Court
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15th Judicial Circuit of Florida | Official Website

In a dramatic legal filing, a Miami-Dade County resident has accused a prominent gas station corporation of negligence and misconduct, following an unsettling incident at one of its locations. The complaint was filed by Michael Ayerdi in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on December 30, 2024, against Target Gas Station, Inc.

The case stems from an altercation that occurred on November 3, 2021, when Ayerdi visited a Shell gas station operated by Target Gas Station, Inc., located at 4150 PGA Blvd., Palm Beach Gardens. According to the complaint, Ayerdi intended to purchase gas and a drink but became dissatisfied with the price of a Red Bull beverage. The clerk on duty, identified as Glory Noel and employed by Target Gas Station, allegedly responded aggressively by throwing Ayerdi's money back at him. As Ayerdi attempted to leave without making a purchase, Noel purportedly threw a full can of Red Bull at him, striking him in the back and causing injury.

Ayerdi's lawsuit asserts multiple claims against Target Gas Station. The first count accuses the company of negligence for failing to maintain safe premises and not having adequate policies to prevent such incidents. "Target negligently and carelessly breached this duty," the complaint states, highlighting their failure to ensure customer safety from assault or battery.

Additionally, Ayerdi charges Target with negligent hiring practices. He argues that the company did not conduct proper due diligence before employing Noel in a role that required customer interaction. "An appropriate investigation would have revealed the unsuitability of Noel for the particular duty," Ayerdi claims in his filing.

Furthermore, Ayerdi seeks damages for negligent infliction of emotional distress. He contends that Noel's actions caused significant psychological trauma resulting in physical injury and severe emotional distress. The complaint emphasizes that Target's negligence was "the proximate and legal cause" of his injuries and suffering.

Ayerdi is pursuing judgment against Target Gas Station for damages exceeding $50,000—exclusive of interest and attorney fees—alongside pre- and post-judgment interest and any other relief deemed appropriate by the court. He has also requested a jury trial to resolve all triable issues.

Representing Michael Ayerdi is attorney Andrew J. Smallman from Gilbert & Smallman PLLC. The case is filed under Case Number: 502024CA012218XXXAMB.

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