David Marzullo has filed a lawsuit seeking damages exceeding $50,000 against multiple defendants, including real estate and pizza businesses, alleging negligence that led to his injury. The complaint was filed on January 31, 2025, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida. The defendants named in the case are Oney Bayside, LLC; Bam Bam Pizza Inc.; WRI-TC East Lake Woodlands, LLC; East Lake RG2 Owner, LLC; Weingarten Realty Investors; and Kimco Realty Corporation.
The lawsuit centers around an incident that occurred on February 7, 2021. Marzullo claims he was injured at a Papa John's pizza franchise located at 3460 East Lake Road South in Palm Harbor, Florida. According to the complaint, Marzullo tripped over a raised sidewalk plank outside the establishment and fell onto the parking lot surface. This fall resulted in significant injuries for which he holds the defendants responsible. Marzullo's legal team argues that these entities had a duty to maintain safe premises and failed to do so by allowing dangerous conditions to persist without adequate warning or repair.
Marzullo's complaint details that all defendants were involved in owning or managing the property where his injury occurred. He accuses them of "negligently designing, constructing, and/or maintaining" the premises in a manner that allowed such hazardous conditions to exist. Furthermore, it is alleged that these conditions were either created by or known to the defendants for sufficient time before Marzullo's accident occurred. As a result of their purported negligence, Marzullo sustained various injuries leading to pain and suffering as well as financial losses due to medical expenses and lost earnings.
The plaintiff seeks judgment from the court for damages exceeding $50,000 along with costs and interest from the date of his accident. He demands a jury trial on all issues presented within this case. The law firm representing David Marzullo is Lipsitz Green Scime Cambria LLP with attorney Dale J. Bauman listed as counsel.
The case is presided over by Judge Ken Burke under Case Number: 25-000475-CI.