PHILADELPHIA — A couple are alleging negligence after the husband was allegedly violently attacked outside a Starbucks in Philadelphia.
Timothy Mitchell and Anissa Mitchell filed a complaint May 3 in the Court of Common Pleas of Philadelphia County against Starbucks alleging negligence. The defendant removed the case to federal court May 26.
According to the plaintiffs' complaint, Timothy Mitchell was at the Starbucks on Ridge Avenue in Philadelphia. They allege that after purchasing his coffee, Mitchell was "violently" attacked by a third person who was not a Starbucks customer and Mitchell suffered multiple fractures to his nasal bone as well as injuries to his joints, tendons and muscles which required surgery.
They claim that Starbucks knew or had reason to know about attacks on its premises and that there had been complaints prior to his attack from customers who did not feel safe as well as another customer who had been assaulted. The plaintiffs claim Starbucks failed to anticipate the criminal conduct of third persons at its business and failed to provide adequate warning to its visitors.
The Mitchells seek monetary relief of more than $50,000, interest and all other just relief. They are represented by Christopher Boyle of McBreen & Kopko in Philadelphia.