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IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND
FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 21- -410
VENISSA DRIGGER, as Personal
Representative of the Estate of David B. Flick,
Deceased,
Plaintiff(s),
vs.
MARK BARCIA, HOOTERS OF PORT
CHARLOTTE, INC., BWR NORTH PORT,
LLC d/b/a BUFFALO WINGS AND RINGS,
ATLANTA RESTAURANT PARTNERS, LLC
d/b/a TGI FRIDAYS, and JACKMONT
HOSPITALITY, INC. d/b/a TGI FRIDAYS,
Defendant(s).
/
DEFENDANTS HOOTERS OF PORT CHARLOTTE, INC.’S, BWR NORTH PORT, LLC
d/b/a BUFFALO WINGS RINGS , ATLANTA RESTAURANT PARTNERS, LLC d/b/a
TGI FRIDAY S, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAY s
STATEMENT OF FACTS, DISPUTED FACTS AND ISSUES OF LAW
Defendants, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a
BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS,
and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, by and through their undersigned counsel
and pursuant to the Court’s Amended Case Management Plan and Order dated January 20, 2022 hereby
file their Statement of Facts, Disputed Facts, and Issues of Law as follows:
STATEMENT OF FACTS
This is a wrongful death action arising out of a motor vehicle accident that occurred on December
31, 2019, between a vehicle driven by the Defendant, MARK BARCIA (“Barcia”), and the vehicle driven
by non-party/Fabre defendant, Pierre Louis, an Uber driver, which resulted in the death of David B. Flick
(the “Deceased”); Flick was a passenger in the vehicle operated by Pierre Louis.
Plaintiff, VENISSA DRIGGER, as Personal Representative of the Estate of David B. Flick,
Deceased (“Estate”), alleges that at the time of the collision, Defendant Barcia was legally intoxicated
after he was served alcohol at establishments owned and operated by Defndants, HOOTERS OF PORT
CHARLOTTE, INC. (“Hooters”), BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS
(“Buffalo Wings and Rings”), ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and
JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS (“TGI Friday’s”) (also referred to collectively
herein as “Restaurant Defendants . Plaintiff further alleges that the Restaurant Defendants all knew that
Barcia was habitually addicted to alcohol prior to serving him alcoholic beverages on the date of the
subject accident.
Barcia patronized three restaurants owned or operated by the Restaurant Defendants on December
31, 2019, drinking with non-party, Michael Lauff (“Lauff”). Barcia and Lauff visited TGI Friday’s earlier
in the day where they were served alcohol. After leaving TGI Friday’s, Barcia and Lauff then proceeded
to Hooters where they were also served alcohol. After leaving Hooters, Barcia and Lauff drove to Jesus’s
Tire Shop where they consumed more alcohol, and then proceeded to Barcia’s home where they consumed
yet more alcohol. After leaving Barcia’s home, Barcia d Lauff later visited Buffalo Wings and Rings
where they were served one alcoholic drink . In addition to alcohol, the evidence will show that Barcia
also consum cocaine throughout the day.
After leaving Buffalo Wings and Rings, Barcia was driving on Toledo Blade Boulevard when his vehicle
collided with the vehicle driven by Pierre Louis, which had made a left turn onto Toledo Blade from the
stop sign of Woodhaven Drive, bringing his car into the path of Barcia’s vehicle (the “Accident”).
DISPUTED FACTS
Whether Barcia was habitually addicted to the use of any or all alcoholic beverages.
Whether the Restaurant Defendants had actual or constructive knowledge that Barcia was
habitually addicted to the use of any or all alcoholic beverages.
Whether the alcohol consumed by Barcia at the Restaurant Defendants’ premises caused his
intoxication at the time of the Accident.
The amounts of alcohol and other intoxicants consumed by Barcia at each of his stops, and his
intoxication while present on the premises of each of the Defendants.
The degree to which Barcia and Pierre Loui were each individually responsible in causing the
Accident.
The appropriate quantum of damages to be awarded, if any. The Deceased’s loss of net
accumulations and lost earnings, medical and funeral expenses (if paid through the estate). The extent to
which the Deceased’s survivors may recover damages for lost support and services; the loss of the
Decedent’s companionship, protection, guidance and instruction; pain and suffering; and, medical and
funeral expenses (if they were paid by the survivors).
ISSUES OF LAW TO BE DECIDED BY THE COURT
Whether any of the Defendants can be held liable pursuant to Section 768.125 of the Florida
Statutes, for selling or furnishing alcoholic beverages to Barcia.
Whether Uber may be held liable for the negligence of Pierre Louis in causing or contributing to
the Accident.
Any issues to be raised in Daubert motions by the parties.
Any issues to be raised in dispositive motions by the parties.
Any issues to be raised in discovery motions by the parties.
Any issues to be raised in motions in limine by the parties
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic
mail on this day of July, 2022 to: All Counsel of Record on the Attached Service List.
RITTER CHUSID, LLP
Counsel for Defendant, HOOTERS OF PORT
CHARLOTTE, INC.
5850 Coral Ridge Drive, Suite 201
Coral Springs, Florida 33076
Telephone: (954) 340-2200
Facsimile: (954) 340-2210
By: /s/ James F. Sposato
Mitchel Chusid, Esq.
Florida Bar No.: 879282
mchusid@ritterchusid.com
James F. Sposato, Esq.
Florida Bar No.: 644171
jsposato@ritterchusid.com
/s/ Yasmine Kirollos
Cristobal A. Casal, Esq.
Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Boulevard, Suite 300
Fort Myers, Florida 33907
Tel: 239-337-1101
Fax: 239-334-3383
eserviceftm@conroysimberg.com
ccasal@conroysimberg.com
ykirollos@conroysimberg.com
Counsel for Jackmont Hospitality, Inc.
d/b/a TGI Fridays and Atlanta Restaurants
Partners
LUKS, SANTANIELLO, PETRILLO, COHEN &
PETERFRIEND
Attorneys for Defendant, BWR North Port, LLC d/b/a
Buffalo Wings and Rings
1422 HENDRY STREET
3rd Floor
FORT MYERS, 33901
Telephone: (239) 561-
Facsimile: (239) 561-2841
By:/s/ Howard W. Holden
/s/ Jorge W. Rodriguez-Sierra
HOWARD W. HOLDEN
Florida Bar No.: 814067
Jorge W. Rodriguez-Sierra
Florida Bar No.: 1004215
LUKSFTM-Pleadings@ls-law.com
SERVICE LIST
CASE NO.: 21-000410-
Randall L. Spivey, Esq.
Spivey Law Firm, Personal Injury Attorneys, P.A.
13400 Parker Commons Boulevard
Fort Myers, Florida 33912
Tel: 239-337-7483
Fax: 239-337-7484
randall@spiveylaw.com
Counsel for Plaintiff
Howard William Holden, Esq.
Luks Santaniello, et al.
1422 Hendry Street, 3 Floor
Fort Myers, Florida 33901
Tel: 239-561-2828
Fax: 239-561-2841
hholden@ls-law.com
Counsel for BWR North Port, LLC
T.R. Unice, Jr., Esq.
Unice Salzman Jensen, P.A.
South State Bank Building, 2 Floor
1815 Little Road
Trinity, Florida 34655
Tel: 727-723-3772
Fax: 727-723-1421
service@unicesalzman.com
jjensen@unicesalzman.com
asiller@unicesalzman.com
dcantwell@unicesalzman.com
Counsel for Mark Barcia
Cristobal A. Casal, Esq.
Yasmine Kirollos, Esq.
Conroy Simberg
12730 New Brittany Boulevard, Suite 300
Fort Myers, Florida 33907
Tel: 239-337-1101
Fax: 239-334-3383
eserviceftm@conroysimberg.com
ccasal@conroysimberg.com
ykirollos@conroysimberg.com
Counsel for Jackmont Hospitality, Inc.
d/b/a TGI Fridays and Atlanta Restaurants Partners
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21- -410 VENISSA DRIGGER, as Personal Representative of the Estate of David B. Flick, Deceased, Plaintiff(s), vs. MARK BARCIA, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, Defendant(s). / DEFENDANTS HOOTERS OF PORT CHARLOTTE, INC.’S, BWR NORTH PORT, LLC d/b/a BUFFALO WINGS RINGS , ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAY S, AND JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAY s STATEMENT OF FACTS, DISPUTED FACTS AND ISSUES OF LAW Defendants, HOOTERS OF PORT CHARLOTTE, INC., BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS, ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS, by and through their undersigned counsel and pursuant to the Court’s Amended Case Management Plan and Order dated January 20, 2022 hereby file their Statement of Facts, Disputed Facts, and Issues of Law as follows: STATEMENT OF FACTS This is a wrongful death action arising out of a motor vehicle accident that occurred on December 31, 2019, between a vehicle driven by the Defendant, MARK BARCIA (“Barcia”), and the vehicle driven by non-party/Fabre defendant, Pierre Louis, an Uber driver, which resulted in the death of David B. Flick (the “Deceased”); Flick was a passenger in the vehicle operated by Pierre Louis. Plaintiff, VENISSA DRIGGER, as Personal Representative of the Estate of David B. Flick, Deceased (“Estate”), alleges that at the time of the collision, Defendant Barcia was legally intoxicated after he was served alcohol at establishments owned and operated by Defndants, HOOTERS OF PORT CHARLOTTE, INC. (“Hooters”), BWR NORTH PORT, LLC d/b/a BUFFALO WINGS AND RINGS (“Buffalo Wings and Rings”), ATLANTA RESTAURANT PARTNERS, LLC d/b/a TGI FRIDAYS, and JACKMONT HOSPITALITY, INC. d/b/a TGI FRIDAYS (“TGI Friday’s”) (also referred to collectively herein as “Restaurant Defendants . Plaintiff further alleges that the Restaurant Defendants all knew that Barcia was habitually addicted to alcohol prior to serving him alcoholic beverages on the date of the subject accident. Barcia patronized three restaurants owned or operated by the Restaurant Defendants on December 31, 2019, drinking with non-party, Michael Lauff (“Lauff”). Barcia and Lauff visited TGI Friday’s earlier in the day where they were served alcohol. After leaving TGI Friday’s, Barcia and Lauff then proceeded to Hooters where they were also served alcohol. After leaving Hooters, Barcia and Lauff drove to Jesus’s Tire Shop where they consumed more alcohol, and then proceeded to Barcia’s home where they consumed yet more alcohol. After leaving Barcia’s home, Barcia d Lauff later visited Buffalo Wings and Rings where they were served one alcoholic drink . In addition to alcohol, the evidence will show that Barcia also consum cocaine throughout the day. After leaving Buffalo Wings and Rings, Barcia was driving on Toledo Blade Boulevard when his vehicle collided with the vehicle driven by Pierre Louis, which had made a left turn onto Toledo Blade from the stop sign of Woodhaven Drive, bringing his car into the path of Barcia’s vehicle (the “Accident”). DISPUTED FACTS Whether Barcia was habitually addicted to the use of any or all alcoholic beverages. Whether the Restaurant Defendants had actual or constructive knowledge that Barcia was habitually addicted to the use of any or all alcoholic beverages. Whether the alcohol consumed by Barcia at the Restaurant Defendants’ premises caused his intoxication at the time of the Accident. The amounts of alcohol and other intoxicants consumed by Barcia at each of his stops, and his intoxication while present on the premises of each of the Defendants. The degree to which Barcia and Pierre Loui were each individually responsible in causing the Accident. The appropriate quantum of damages to be awarded, if any. The Deceased’s loss of net accumulations and lost earnings, medical and funeral expenses (if paid through the estate). The extent to which the Deceased’s survivors may recover damages for lost support and services; the loss of the Decedent’s companionship, protection, guidance and instruction; pain and suffering; and, medical and funeral expenses (if they were paid by the survivors). ISSUES OF LAW TO BE DECIDED BY THE COURT Whether any of the Defendants can be held liable pursuant to Section 768.125 of the Florida Statutes, for selling or furnishing alcoholic beverages to Barcia. Whether Uber may be held liable for the negligence of Pierre Louis in causing or contributing to the Accident. Any issues to be raised in Daubert motions by the parties. Any issues to be raised in dispositive motions by the parties. Any issues to be raised in discovery motions by the parties. Any issues to be raised in motions in limine by the parties CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via electronic mail on this day of July, 2022 to: All Counsel of Record on the Attached Service List. RITTER CHUSID, LLP Counsel for Defendant, HOOTERS OF PORT CHARLOTTE, INC. 5850 Coral Ridge Drive, Suite 201 Coral Springs, Florida 33076 Telephone: (954) 340-2200 Facsimile: (954) 340-2210 By: /s/ James F. Sposato Mitchel Chusid, Esq. Florida Bar No.: 879282 mchusid@ritterchusid.com James F. Sposato, Esq. Florida Bar No.: 644171 jsposato@ritterchusid.com /s/ Yasmine Kirollos Cristobal A. Casal, Esq. Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Boulevard, Suite 300 Fort Myers, Florida 33907 Tel: 239-337-1101 Fax: 239-334-3383 eserviceftm@conroysimberg.com ccasal@conroysimberg.com ykirollos@conroysimberg.com Counsel for Jackmont Hospitality, Inc. d/b/a TGI Fridays and Atlanta Restaurants Partners LUKS, SANTANIELLO, PETRILLO, COHEN & PETERFRIEND Attorneys for Defendant, BWR North Port, LLC d/b/a Buffalo Wings and Rings 1422 HENDRY STREET 3rd Floor FORT MYERS, 33901 Telephone: (239) 561- Facsimile: (239) 561-2841 By:/s/ Howard W. Holden /s/ Jorge W. Rodriguez-Sierra HOWARD W. HOLDEN Florida Bar No.: 814067 Jorge W. Rodriguez-Sierra Florida Bar No.: 1004215 LUKSFTM-Pleadings@ls-law.com SERVICE LIST CASE NO.: 21-000410- Randall L. Spivey, Esq. Spivey Law Firm, Personal Injury Attorneys, P.A. 13400 Parker Commons Boulevard Fort Myers, Florida 33912 Tel: 239-337-7483 Fax: 239-337-7484 randall@spiveylaw.com Counsel for Plaintiff Howard William Holden, Esq. Luks Santaniello, et al. 1422 Hendry Street, 3 Floor Fort Myers, Florida 33901 Tel: 239-561-2828 Fax: 239-561-2841 hholden@ls-law.com Counsel for BWR North Port, LLC T.R. Unice, Jr., Esq. Unice Salzman Jensen, P.A. South State Bank Building, 2 Floor 1815 Little Road Trinity, Florida 34655 Tel: 727-723-3772 Fax: 727-723-1421 service@unicesalzman.com jjensen@unicesalzman.com asiller@unicesalzman.com dcantwell@unicesalzman.com Counsel for Mark Barcia Cristobal A. Casal, Esq. Yasmine Kirollos, Esq. Conroy Simberg 12730 New Brittany Boulevard, Suite 300 Fort Myers, Florida 33907 Tel: 239-337-1101 Fax: 239-334-3383 eserviceftm@conroysimberg.com ccasal@conroysimberg.com ykirollos@conroysimberg.com Counsel for Jackmont Hospitality, Inc. d/b/a TGI Fridays and Atlanta Restaurants Partners