Filing # 111756505 E-Filed 08/13/2020 02:49:16 PM. IN THE CIRCUIT COURT OF THE TWEN JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CASE NO: 20-CA- ROBERT ANTHONY VOLK II, Plaintiff, vs. DIXIE ROADHOUSE, LTD., Defend: I COMPLAIN COMES NOW Plaintiff, ROBERT ANTHONY VOLK II, and sues Defendant, DIXIE ROADHOUSE, LTD., and alleg 1. This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court) Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only 4 forth in the (the Florida Supreme Court has ordered that the estimated “amount of claim” be civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const, 2. Plaintiffis a natural person residing in Lee County, Florida. eFiled Lee County Clerk of Courts Page 13. At all times material to this action, DIXIE ROADHOUSE, LTD. is a Florida corporation licensed to do business in the State of Florida, 4. Atalll times material hereto, Defendant was the owner and in possession of that certain business located at 1023 SE 47th Terrace,, Cape Coral, FL, said business being that of a line dancing bar, open to the general public, including the Plaintiff herein. 5. On or about February 20, 2020, Plaintiff visited Defendant's premises located at the above address going into the line dancing bar. 6. At said time and place, Plaintiff was line dancing, lawfully upon the premises of the Defendant, who owed Plaintiff'a duty to exercise reasonable care for his safety. 7. Atall times material, the defendant had the duty to protect invitees and guests when criminal attacks were reasonably foreseeable and the landlord had actual or constructive knowledge of prior similar acts committed on invitees and guests. 8 Throughout the dancing, the Defendant was selling alcohol, and there were ‘numerous rowdy and aggressive dancers and bar patrons. 9. The defendant knew or should have known of the likelihood of attacks at the line dancing event in question. 10. The defendant served substantial amounts of alcohol to patrons at the line dancing event, and accordingly failed to conform to a reasonable standard of care by not providing adequate security. 1. Whi line dancing, the plaintiff was attacked, and battered by three other patrons, attending the line dancing event. 12. The attack was unprovoked and lasted for several minutes. eFiled Lee County Clerk of Courts Page 213, Ato time prior to the attack was there any security nearby, notwithstanding the fact that there were calls for help, both by the plaintiff and by other patron 14, Despite the plaintiffs repeated calls for help security failed to respond in a reasonable and timely manner. 15, Defendant security company was negligent with regard to the safety of plaintiff, and the negligence was the proximate cause of plaintiff's injuri in the following respects: a, Failure to perform an adequate background check on the qualifications of its security guards; b. Negligence in the selection of its security guards; €. Negligence in the selection of its security guards for security work; 4d. Negligence in the training of its security guards for security work; ¢. Negligence in the supervision of its security guards; £, Failure to promptly investigate the situation; g. Failure to dispatch additional security personnel to the scene of the fight; h, Failure to dispatch security personnel to the scene of the fight in a timely ‘manner to avoid the battery; i, Failure to properly render assistance to plaintiff at the time of the battery; and, |. Failure to provide medical aid in a timely manner or otherwise mitigate injuries to the plaintiff. 16. Asa result of the attack and defendant’s above negligent acts, the plaintiff suffered substantial injuries and medical costs as set forth. 17. Asa direct and proximate result of the negligence of Defendant, Plaintiff suffered bodily injury in and about her body and extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability to eam money, and aggravation of previously existing condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. eFiled Lee County Clerk of Courts Page 3WHEREFORE, the Plaintiff, ROBERT ANTHONY VOLK II, sues the Defendant, DIXIE. ROADHOUSE, LTD., for damages and demands judgment in excess of Thirty Thousand Dollars ($30,000.00), plus interest and costs, and demands trial by jury of all issues so triable, RESPECTFULLY submitted this 13th day of August, 2020. (s\ Adam einer ADAM HEISNER FBN: 124727 Morgan & Morgan 12800 University Dr, Suite 600 Fort Myers, FL 33907 Phone: (239) 210-5350 Attomeys for Plaintiff E-Mail: ahcisner@forthepeople.com nwilson@forthepeople.com eFiled Lee County Clerk of Courts Page 4