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Saturday, April 27, 2024

Elderly man suing downtown Ocala restaurant for alleged slip-and-fall

A 75-year-old man is seeking over $50,000 in damages from a restaurant in downtown Ocala after his walker allegedly slipped on a doormat, causing him to be “violently thrown to the ground.”

The lawsuit was filed in the fifth judicial circuit court of Marion County on October 9 by Dan Newlin Injury Attorneys on behalf of their client, Charles Headen, against Harry’s of Ocala, LLC, which does business as Harry’s Seafood, Bar & Grille.

In the complaint, Headen alleges that he was visiting the restaurant at 24 SE 1st Avenue in downtown Ocala on May 5, 2023.

Headen claims that while he was entering the building, his walker became stuck on a mat “that was placed over the transitional threshold of the egress and ingress route” in the doorway.

Headen alleges that, as he attempted to “go through the area,” his “walker caught the mat,” causing him to be “violently thrown to the ground.”

Headen’s attorneys argue that the restaurant is “solely” responsible for the incident, “should have known” of the dangerous condition, and claim that the business “failed” to warn its patrons.

As a result of the alleged fall, Headen says he has suffered “permanent and/or continuing” injuries, damages, and losses including “hospitalization” expenses, “medical and nursing care and treatment,” a “loss of earnings,” and a “loss of ability to earn money.”

Headen is seeking “compensatory damages in excess of $50,000, exclusive of interest and costs.”

According to the court docket, a summons was issued to the corporation on October 11. No additional filings or notes have been made in the case since then.