A Florida café is facing a lawsuit after an alleged incident left a patron injured due to negligence. Rickie Gaten filed a complaint against Clear Skyz Cafe Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on April 17, 2025. The plaintiff claims that the café's failure to maintain safe premises resulted in his injury.
The case stems from an incident on April 29, 2023, when Rickie Gaten visited Clear Skyz Cafe Inc., located at 490 Mandalay Ave Ste 1, Clearwater, FL. As a business invitee, Gaten was owed a duty of care by the café. However, during his visit, he was struck in the head by falling ceiling fan blades after a staff member lifted a chair into the fan near his table. The complaint alleges that this accident was solely due to the negligent manner in which Clear Skyz Cafe Inc., its agents, servants, and employees operated and maintained the business.
Gaten's lawsuit accuses Clear Skyz Cafe Inc. of multiple breaches of duty. These include failing to enforce safety policies for customers' protection, inadequately inspecting and maintaining the ceiling fan to prevent dangerous conditions, and neglecting to warn patrons about potential hazards. Furthermore, it claims that the café failed to train its employees properly and did not adhere to its corporate policies regarding safety.
The plaintiff asserts that as a direct result of these alleged acts of negligence by Clear Skyz Cafe Inc., he suffered significant injuries. These include bodily harm resulting in pain and suffering, disability, disfigurement with permanent scarring, mental anguish, loss of enjoyment of life, medical expenses for hospitalization and treatment, loss of earnings capacity, and aggravation or activation of pre-existing conditions.
Rickie Gaten seeks damages exceeding $50,001 from Clear Skyz Cafe Inc., exclusive of costs and interest. He demands judgment for these damages alongside a trial by jury on all triable issues.
Representing Rickie Gaten is attorney Michelle D Lambo from Morgan & Morgan Tampa P.A., while details about any defense attorneys are not provided within this document. The case has been assigned Case Number: 25-001984-CI.