Miami Florida February 27, 2022

A security officer, his employer and a Waffle House have all been sued after a customer was injured during an armed robbery.

Now, Attorneys at Moore Ingram Johnson & Steele on Wednesday removed a personal injury lawsuit against Waffle House Inc. to Florida Southern District Court.

The complaint, filed by the Borrow Law Firm on behalf of Kenol Marcelin, accuses the Waffle House security guard of failing to act during an armed robbery.

The case is 1:22-cv-20547, Marcelin v. Waffle House Inc.

Filing # 141996567 E-Filed 01/14/2022 ] 0:09:32 AM

KENOL MARCELIN,

Plaintiff,

vs.

WAFFLE HOUSE, INC.

COMPLAINT.,

COMES NOW the Plaintiff, KENOL MARCELIN, sues the Defendant, WAFFLE

HOUSE, INC., a Florida corporation and alleges:

1. This is an action for damages in excess of the sum of THIRTY THOUSAND

($30,000.00) DOLLARS, exclusive of interest and costs.

IDENTIFICATIO.N OF PARTIES_

2. That at all times material hereto Plaintiff, KENOL MARCELIN, was a

resident of Miami-Dade County, Florida

3. That at all times material hereto, Defendant, WAFFLE HOUSE, INC., is a

Florida corporation, authorized to do and doing business in Miami-Dade County, Florida.

4. That at all times material hereto, Defendant, WAFFLE HOUSE, INC,

owned, operated, maintained and/or otherwise controlled the premises/business located

at 19675 NW 2nd Ave, Miami Gardens, Miami-Dade County, Florida

FACTS GIVING RISE TO CAUSE OF ACTION

5. At all times material hereto, Plaintiff, KENOL MARCELI, was a customer at

the subject premises and invitee of the Defendant, WAFFLE HOUSE, INC.

6. That on or about November 7, 2020, Plaintiff was violently attacked and

robbed at gunpoint while he was attempting to pick up a”to go” for order from the subject

Case 1:22-cv-20547-XXXX Document 1-1 Entered on FLSD Docket 02/23/2022 Page 3 of 6

Waffle House restaurant.

7. That at said time and place, a security guard hired and retained by

Defendant, WAFFLE HOUSE, INC., did not intervene or take any action in an attempt to

deter or stop the criminal attack.

8. That at said place and time, Defendant, WAFFLE HOUSE, INC.’s deficient

negligent security measures directly resulted in Plaintiff, KENOL MARCELIN, being

violently attacked and robbed at gunpoint which caused him both serious and permanent

personal injuries and other economic damages as are more fully alleged herein.

COUNT I

PLAINTIFF’S KEIVOL-MARCELIN’S NEGLIGENCE CLAIM AGAINST

WAFFLE HOUSE, INC.

9. Plaintiff adopts and reasserts Paragraphs 1 through 8 as if specifically set

forth herein and further alleges:

10. At all times material to this action, the Defendant, WAFFLE HOUSE, INC,

knew, or should have known, of the substantial history of criminal activity, including but

not limited to assault, battery, and other criminal activity on, and in the immediate vicinity

of, the subject premises.

11. Based upon this history of prior criminal activity, the attack upon Plaintiff,

KENOL MARCELIN, was reasonably foreseeable to Defendant, WAFFLE HOUSE, INC.

12. Notwithstanding its duties, Defendant, WAFFLE HOUSE, INC, by and

through its agents, security personnel, and other employees acting within the course and

scope of their employment, was negligent and breached its duties in one or more of the

following ways:

1. Failed to exercise reasonable care and provide for the safety of all persons present by invitation on the subject premises;

b.. Failed to provide a reasonably safe premises to all business invitees or person otherwise present by invitation on the subject premises;

1. Failed to properly provide protection for the safety of its business invitees or persons otherwise present by invitation on the subject premises;
2. Failed to implement proper procedures, precautions, rules and regulations concerning security and safety on the subject premises;
3. Failed to provide proper and/or sufficient security for all persons invited onto the subject premises;
4. Failed to properly supervise and monitor the activities and conduct of persons present on the subject premises;
5. Failed to provide proper and/or sufficient security measures to monitor activities

and safeguard the well being of invitees

1. Failed to otherwise implement proper security measures to control or prevent the foreseeable incidence of violence occurring on the subject premises;
2. Failed to otherwise implement proper security procedures for the control and/or prevention of foreseeable criminal activity on the subject premises.

13. As a direct and proximate result of the aforementioned acts of negligence by

Defendant, WAFFLE HOUSE, INC., individually and/or through its agents, security

personnel or other employees acting within the course and scope of their employment,

and under the circumstances hereinabove alleged, Plaintiff, KENOL MARCELIN, was

violently attacked and robbed at gunpoint and injured in and about his body and

extremities, suffered pain there from, suffered physical handicap, physical impairment,

disability, disfigurement, inconvenience, mental anguish, loss of the capacity for the

enjoyment of life, expense of hospitalization, medical and nursing care and treatment,

property damage, loss of personal property, loss of wages in the past, loss of earning

capacity in the future and aggravation of a previously existing condition.

Share this post: on Twitter on Facebook