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NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed: COMPLAINT
June 15,2022 15:21
By: JOSEPH J. DARWAL 0092456
Confirmation Nbr. 2577364
ADEBANJO ALATISE CV 22 964769
vs.
Judge: DANIEL GAUL
MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL.
Pages Filed: 8
Electronically Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
ADEBANJO ALATISE ) CASE NO.
365 E. 262nd Street )
Euclid, Ohio 44132, ) JUDGE
)
Plaintiff, ) COMPLAINT
)
-vs- ) (Jury Demand Endorsed Hereon)
)
MIDWEST ENTERTAINMENT )
VENTURE, LLC d/b/a )
THE PARK SOCIAL LOUNGE )
c/o John Torres, Statutory Agent )
12840 Big Creek Ridge Drive )
Chardon, Ohio 44024, )
)
and )
)
PARK SOCIAL LOUNGE LLC )
c/o Burton Lawrence Restaurant )
Enterprises, Inc., Statutory Agent )
35910 Brushwood Drive )
Solon, Ohio 44139 )
)
---- and--- -------------- )--------------- --- - ---
)
THE PARK SOCIAL LOUNGE )
c/o Midwst Entertainment Venture, )
LLC, Statutory Agent )
1299 W. 9th Street )
Cleveland, Ohio 44113 )
)
OBRAL, SILK
and )
& )
PAL, LLC
ATTORNEYS AT LAW
55 Public Square
Suite 31700
Cluvaknd, Ohio 44115
216-LAWYERS
Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD
1299 W. 9th, LLC )
c/o ACFB INCORPORATED, )
Statutory Agent )
200 Public Square, Suite 2300 )
Cleveland, Ohio 44114, )
)
and )
)
JOHN DOES #1-10 )
WHOSE EXACT IDENTITY CANNOT )
BE ASCERTAINED AT PRESENT, )
)
Defendants. )
Now comes the Plaintiff, Adebanjo Alatise, by and through undersigned counsel, and
for his Complaint states as follows:
1. All activities giving rise to this Complaint occurred within the City of Cleveland, County
of Cuyahoga and State of Ohio.
2. At all times relevant hereto, the Plaintiff resided at the address captioned above in Cuyahoga
County, Ohio.
3. At all times relevant hereto, Defendant Midwest I••ntertainmentVenture,DLC'd/b/a/The
Park Social Lounge was a for-profit corporation located in Cuyahoga County, Ohio.
4. At all times relevant hereto, Park Social Lounge LLC was a for-profit corporation
located in Cuyahoga County, Ohio.
OBRAL, SILK
5. At all times relevant hereto, The Park Social Lounge was a for-profit corporation
&L
PAL, [,I,C
ATTORNEYS AT LAW located in Cuyahoga County, Ohio
55 IMblic Sqtirre
SuitaiTM
Cleveland, Oluo 44113
216-LAWYHRS 6. At all times relevant hereto, Defendant 1299 W. 9th, LLC was the owner of the property
2.
Electronic; ly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD
located at 1299 W. 9th Street, located in Cuyahoga County, Ohio.
7. Venue in Cuyahoga County is proper under Ohio Law.
COUNT I: CLAIM OF ADEBANJO ALATISE
8. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 7 as if
fully rewritten herein.
9. Plaintiff states that on June 19, 2021 he was an invitee at Defendant The Park Social
Lounge.
10. Plaintiff states that on June 19, 2021, the business named Park Social Lounge is owned and
operated by Defendant Midwest Entertainment Venture, LLC, and/or Defendant Park
Social Lounge LLC, and/or Defendant The Park Social Lounge, and/or Defendant 1299 W.
9th, LLC collectively referred to as “Defendants Park Social Lounge”.
11. Plaintiff further states that on said date, Defendant John Does 1-10, who were in the scope
of their employment with Defendants Park Social Lounge, threw Plaintiff over a railing.
Upon information and belief, Defendant John Does 1-10 are/were employed by Defendants
in various capacities including security “bouncers.”
12. Plaintiff further states that as a direct and proximate result of the negligent, willful, wanton
and reckless acts of the Defendant John Does 1-10, he sustained injuries to his person;
experienced pain, suffering and disability.
13. Plaintiff believes that his injuries are significant and permanent in nature and that he will
OBRAL, SILK
continue to experience pain, suffering and disability and incur further medical expenses for
&
PAL, LLC
ATTORNEYS AT LAW his care and treatment.
55 Public Square
Suite #IT«J
Clcveliuul, Oliio-il IB
216-I.AWYm
3.
Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD
COUNT II: RESPONDEAT SUPERIOR AND AGENCY
14. Plaintiffincorporates the facts and allegations contained in paragraphs 1 through 13 as if
fully rewritten herein.
15. Plaintiff states that Defendant John Does 1-10 committed the negligent, willful, wanton and
reckless acts while in the course and scope of their employment and/or agent with
Defendants Park Social Lounge and, therefore, Defendants Park Social Lounge are
responsible for the negligent, willful, wanton and reckless acts pf Defendant John Does 1
10.
16. Plaintiff further states that as a direct and proximate result of the negligent, willful, wanton
and reckless acts of the Defendant John Does 1-10 while in the course and scope of the
employment and/or agency with Defendants Park Social Lounge, he sustained injuries to
his person; experienced pain, suffering and disability.
17. Plaintiff believes that his injuries are significant and permanent in nature and that he will
continue to experience pain, suffering and disability and incur further medical expenses for
his care and treatment. =
COUNT III: NEGLIGENT HIRING,
SUPERVISION, TRAINING AND RETENTION:
18. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 17 as if
fully rewritten herein.
OBRAL, SILK
& 19. At all times relevant herein. Defendant John Does 1-10 were employed and/or was
PAL, LLC
ATTORNEYS AT I-AW
55 Public Squaw
Suite lilTflO otherwise an employee of Defendants Park Social Lounge. Further, at all times relevant
Cleveland, OJilo44113
21SLAWYURS
4.
Electronic;lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD
herein, Defendant John Does 1-10 acting within the course and scope of their employment
at the time of the conduct and actions causing the injuries alleged herein.
20. Plaintiff believes and therefore avers, that during all times relevant herein:
a. There existed an employment relationship between the Defendants Park Social
Lounge and Defendant John Does 1-10;
b. That the employee John Does 1-10 was incompetent;
c. That the Defendants Park Social Lounge had actual and/or constructive
knowledge of John Does 1-10’s incompetence;
d. That the Defendant John Does 1-10’s acts or omissions caused the Plaintiffs
injuries as alleged herein;
e. Defendants Park Social Lounge, as the employer of John Doe 1-10, were
negligent in hiring or retaining the employee/defendant, John Doe; and
f. That the employer’s and employee’s negligence was a proximate cause of the
Plaintiffs injuries.
21. The Plaintiff further states that the Defendants Park Social Lounge had a duty to properly
evaluate,screen,andmoniloritsemployees,agents,staff'members'and ‘
assure that their employee’s conduct would not cause injuries to the invitees of The Park
Social Lounge.
22, The Plaintiff further alleges that the Defendant John Doe 1-10 was incompetent in his
capacity as security “bouncer.”
&
PAL, LLC
23. The Plaintiff further alleges that the Defendants Park Social Lounge had actual or
55 Public Square
Suite
700
constructive knowledge of that incompetence.
5.
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24. The Defendants Park Social Lounge were negligent and/or reckless in ignoring Defendant
John Does 1-10’s incompetence.
25. As a direct and proximate result of the Defendants Park Social Lounge’s negligent and or
reckless, willful/wanton conduct in hiring, supervision and retention of its employees such
as Defendant John Does 1-10, the Plaintiff sustained injuries and damages as previously set
forth herein.
26. As a direct and proximate result of the Defendants’ negligence as stated herein, the Plaintiff
sustained serious and lasting injuries to his mind and body; experienced pain, suffering,
disability and mental anguish, and has incurred and will continue to incur medical expenses
for his care and attention.
COUNT IV: CLAIM AGAINST JOHN DOE DEFENDANTS
27. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 26 as if
fully rewritten herein.
28. Defendant John Does 1-10 are individuals whose names and addresses are presently
unknown and could not be discovered prior to the filing of this Complaint with reasonable
— and due diligence. 'The Plaintift states that the conduct of the John Doc Defendants may
have caused or contributed to the injury complained of and forming the1 basis of this
Complaint and for which contribution may be apportioned. If, in fact, evidence discloses a
claim to be asserted against on or more of the John Doe Defendants, the Complaint will be
OBRAL, SILK
amended pursuant to applicable Rule of Civil Procedure upon identification of such
&
PAL, LLC
ATTORNEYS AT I.AW individual or entity.
551’iiblic Squfirc
StiiMITOO
Cleveland,Ohio 44113
216-LAWYRRS
6.
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COUNT VI: PUNITIVE DAMAGES
29. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 28 as if
fully rewritten herein.
30. Defendant John Does 1-10’s behavior on June 19, 2021 demonstrated, by clear and
convincing evidence, that their actions showed willful misconduct, malice, wantonness,
oppression or the entire want of care which would raise the presumption of conscious
indifference to consequences.
31. Further, the behavior of Defendant John Does 1-10 on June 19, 2021, demonstrates that
they acted with the specific intent to cause harm such that there is no limitation regarding
the amount which may be awarded as punitive damages against Defendant John Does 1-10.
WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally,
for compensatory damages in an amount in excess of TWENTY-FIVE THOUSAND
DOLLARS ($25,000); punitive damages in an amount in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000); together with interest, costs, reasonable attorney fees and
any other such legal and equitable relief deemed just and appropriate.
Respectfully submitted.
JOSEPH J. DARWAL (0092456)
OBRAL, SILK & PAL, LLC
OBRAL, SILK
55 Public Square, Suite 1700
& Cleveland, Ohio 44113
PAL, LLC
AlTORNEYS AT LAW (216) LAWYERS (529-9377)
55 Puhlk Sqiuirv
Suite# I7IXI (216) 696-3228 - Facsimile
Ckvclar.il Oliio 44! 13
216-LAWYI-KS jdarwal@2161awyers.com
7.
Electronically Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD
JURY DEMAND
The Plaintiff respectfully requests a trial by the maximum number of jurors permitted
by Ohio Law.
JOSEPH J. DARWAL (0092456)
ATTORNEY FOR PLAINTIFF
OBRAL, SILK & PAL, LLC
OBRAL, SILK
&
PAL, LLC
ATIOWNRYSATLAW
55 Public Square
Suite #1700
Cleveland, Olio 44113
216-LAWYERS
/ CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD
Electronic ally Filed 06/15/2022 15:21 /
Preview
NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: COMPLAINT June 15,2022 15:21 By: JOSEPH J. DARWAL 0092456 Confirmation Nbr. 2577364 ADEBANJO ALATISE CV 22 964769 vs. Judge: DANIEL GAUL MIDWEST ENTERTAINMENT VENTURE, LLC, ET AL. Pages Filed: 8 Electronically Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ADEBANJO ALATISE ) CASE NO. 365 E. 262nd Street ) Euclid, Ohio 44132, ) JUDGE ) Plaintiff, ) COMPLAINT ) -vs- ) (Jury Demand Endorsed Hereon) ) MIDWEST ENTERTAINMENT ) VENTURE, LLC d/b/a ) THE PARK SOCIAL LOUNGE ) c/o John Torres, Statutory Agent ) 12840 Big Creek Ridge Drive ) Chardon, Ohio 44024, ) ) and ) ) PARK SOCIAL LOUNGE LLC ) c/o Burton Lawrence Restaurant ) Enterprises, Inc., Statutory Agent ) 35910 Brushwood Drive ) Solon, Ohio 44139 ) ) ---- and--- -------------- )--------------- --- - --- ) THE PARK SOCIAL LOUNGE ) c/o Midwst Entertainment Venture, ) LLC, Statutory Agent ) 1299 W. 9th Street ) Cleveland, Ohio 44113 ) ) OBRAL, SILK and ) & ) PAL, LLC ATTORNEYS AT LAW 55 Public Square Suite 31700 Cluvaknd, Ohio 44115 216-LAWYERS Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD 1299 W. 9th, LLC ) c/o ACFB INCORPORATED, ) Statutory Agent ) 200 Public Square, Suite 2300 ) Cleveland, Ohio 44114, ) ) and ) ) JOHN DOES #1-10 ) WHOSE EXACT IDENTITY CANNOT ) BE ASCERTAINED AT PRESENT, ) ) Defendants. ) Now comes the Plaintiff, Adebanjo Alatise, by and through undersigned counsel, and for his Complaint states as follows: 1. All activities giving rise to this Complaint occurred within the City of Cleveland, County of Cuyahoga and State of Ohio. 2. At all times relevant hereto, the Plaintiff resided at the address captioned above in Cuyahoga County, Ohio. 3. At all times relevant hereto, Defendant Midwest I••ntertainmentVenture,DLC'd/b/a/The Park Social Lounge was a for-profit corporation located in Cuyahoga County, Ohio. 4. At all times relevant hereto, Park Social Lounge LLC was a for-profit corporation located in Cuyahoga County, Ohio. OBRAL, SILK 5. At all times relevant hereto, The Park Social Lounge was a for-profit corporation &L PAL, [,I,C ATTORNEYS AT LAW located in Cuyahoga County, Ohio 55 IMblic Sqtirre SuitaiTM Cleveland, Oluo 44113 216-LAWYHRS 6. At all times relevant hereto, Defendant 1299 W. 9th, LLC was the owner of the property 2. Electronic; ly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD located at 1299 W. 9th Street, located in Cuyahoga County, Ohio. 7. Venue in Cuyahoga County is proper under Ohio Law. COUNT I: CLAIM OF ADEBANJO ALATISE 8. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 7 as if fully rewritten herein. 9. Plaintiff states that on June 19, 2021 he was an invitee at Defendant The Park Social Lounge. 10. Plaintiff states that on June 19, 2021, the business named Park Social Lounge is owned and operated by Defendant Midwest Entertainment Venture, LLC, and/or Defendant Park Social Lounge LLC, and/or Defendant The Park Social Lounge, and/or Defendant 1299 W. 9th, LLC collectively referred to as “Defendants Park Social Lounge”. 11. Plaintiff further states that on said date, Defendant John Does 1-10, who were in the scope of their employment with Defendants Park Social Lounge, threw Plaintiff over a railing. Upon information and belief, Defendant John Does 1-10 are/were employed by Defendants in various capacities including security “bouncers.” 12. Plaintiff further states that as a direct and proximate result of the negligent, willful, wanton and reckless acts of the Defendant John Does 1-10, he sustained injuries to his person; experienced pain, suffering and disability. 13. Plaintiff believes that his injuries are significant and permanent in nature and that he will OBRAL, SILK continue to experience pain, suffering and disability and incur further medical expenses for & PAL, LLC ATTORNEYS AT LAW his care and treatment. 55 Public Square Suite #IT«J Clcveliuul, Oliio-il IB 216-I.AWYm 3. Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD COUNT II: RESPONDEAT SUPERIOR AND AGENCY 14. Plaintiffincorporates the facts and allegations contained in paragraphs 1 through 13 as if fully rewritten herein. 15. Plaintiff states that Defendant John Does 1-10 committed the negligent, willful, wanton and reckless acts while in the course and scope of their employment and/or agent with Defendants Park Social Lounge and, therefore, Defendants Park Social Lounge are responsible for the negligent, willful, wanton and reckless acts pf Defendant John Does 1 10. 16. Plaintiff further states that as a direct and proximate result of the negligent, willful, wanton and reckless acts of the Defendant John Does 1-10 while in the course and scope of the employment and/or agency with Defendants Park Social Lounge, he sustained injuries to his person; experienced pain, suffering and disability. 17. Plaintiff believes that his injuries are significant and permanent in nature and that he will continue to experience pain, suffering and disability and incur further medical expenses for his care and treatment. = COUNT III: NEGLIGENT HIRING, SUPERVISION, TRAINING AND RETENTION: 18. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 17 as if fully rewritten herein. OBRAL, SILK & 19. At all times relevant herein. Defendant John Does 1-10 were employed and/or was PAL, LLC ATTORNEYS AT I-AW 55 Public Squaw Suite lilTflO otherwise an employee of Defendants Park Social Lounge. Further, at all times relevant Cleveland, OJilo44113 21SLAWYURS 4. Electronic;lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD herein, Defendant John Does 1-10 acting within the course and scope of their employment at the time of the conduct and actions causing the injuries alleged herein. 20. Plaintiff believes and therefore avers, that during all times relevant herein: a. There existed an employment relationship between the Defendants Park Social Lounge and Defendant John Does 1-10; b. That the employee John Does 1-10 was incompetent; c. That the Defendants Park Social Lounge had actual and/or constructive knowledge of John Does 1-10’s incompetence; d. That the Defendant John Does 1-10’s acts or omissions caused the Plaintiffs injuries as alleged herein; e. Defendants Park Social Lounge, as the employer of John Doe 1-10, were negligent in hiring or retaining the employee/defendant, John Doe; and f. That the employer’s and employee’s negligence was a proximate cause of the Plaintiffs injuries. 21. The Plaintiff further states that the Defendants Park Social Lounge had a duty to properly evaluate,screen,andmoniloritsemployees,agents,staff'members'and ‘ assure that their employee’s conduct would not cause injuries to the invitees of The Park Social Lounge. 22, The Plaintiff further alleges that the Defendant John Doe 1-10 was incompetent in his capacity as security “bouncer.” & PAL, LLC 23. The Plaintiff further alleges that the Defendants Park Social Lounge had actual or 55 Public Square Suite 700 constructive knowledge of that incompetence. 5. Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD 24. The Defendants Park Social Lounge were negligent and/or reckless in ignoring Defendant John Does 1-10’s incompetence. 25. As a direct and proximate result of the Defendants Park Social Lounge’s negligent and or reckless, willful/wanton conduct in hiring, supervision and retention of its employees such as Defendant John Does 1-10, the Plaintiff sustained injuries and damages as previously set forth herein. 26. As a direct and proximate result of the Defendants’ negligence as stated herein, the Plaintiff sustained serious and lasting injuries to his mind and body; experienced pain, suffering, disability and mental anguish, and has incurred and will continue to incur medical expenses for his care and attention. COUNT IV: CLAIM AGAINST JOHN DOE DEFENDANTS 27. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 26 as if fully rewritten herein. 28. Defendant John Does 1-10 are individuals whose names and addresses are presently unknown and could not be discovered prior to the filing of this Complaint with reasonable — and due diligence. 'The Plaintift states that the conduct of the John Doc Defendants may have caused or contributed to the injury complained of and forming the1 basis of this Complaint and for which contribution may be apportioned. If, in fact, evidence discloses a claim to be asserted against on or more of the John Doe Defendants, the Complaint will be OBRAL, SILK amended pursuant to applicable Rule of Civil Procedure upon identification of such & PAL, LLC ATTORNEYS AT I.AW individual or entity. 551’iiblic Squfirc StiiMITOO Cleveland,Ohio 44113 216-LAWYRRS 6. Electronic lly Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD COUNT VI: PUNITIVE DAMAGES 29. Plaintiff incorporates the facts and allegations contained in paragraphs 1 through 28 as if fully rewritten herein. 30. Defendant John Does 1-10’s behavior on June 19, 2021 demonstrated, by clear and convincing evidence, that their actions showed willful misconduct, malice, wantonness, oppression or the entire want of care which would raise the presumption of conscious indifference to consequences. 31. Further, the behavior of Defendant John Does 1-10 on June 19, 2021, demonstrates that they acted with the specific intent to cause harm such that there is no limitation regarding the amount which may be awarded as punitive damages against Defendant John Does 1-10. WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, for compensatory damages in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000); punitive damages in an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000); together with interest, costs, reasonable attorney fees and any other such legal and equitable relief deemed just and appropriate. Respectfully submitted. JOSEPH J. DARWAL (0092456) OBRAL, SILK & PAL, LLC OBRAL, SILK 55 Public Square, Suite 1700 & Cleveland, Ohio 44113 PAL, LLC AlTORNEYS AT LAW (216) LAWYERS (529-9377) 55 Puhlk Sqiuirv Suite# I7IXI (216) 696-3228 - Facsimile Ckvclar.il Oliio 44! 13 216-LAWYI-KS jdarwal@2161awyers.com 7. Electronically Filed 06/15/2022 15:21 // CV 22 964769 / Confirmation Nbr. 2577364 / CLLMD JURY DEMAND The Plaintiff respectfully requests a trial by the maximum number of jurors permitted by Ohio Law. JOSEPH J. DARWAL (0092456) ATTORNEY FOR PLAINTIFF OBRAL, SILK & PAL, LLC OBRAL, SILK & PAL, LLC ATIOWNRYSATLAW 55 Public Square Suite #1700 Cleveland, Olio 44113 216-LAWYERS / CV 22 964769 / Confirmation Nbr. 2577364 I CLLMD Electronic ally Filed 06/15/2022 15:21 /