A Houston man and his wife are suing a restaurant chain and the company they use to provide security services at their Canton Township location, claiming that the restaurant and security guard failed to call police and remove from the property several people who were threatening them.
Jonathan Irizarry and his wife, Bobbie Jo, of First Street, filed a civil lawsuit against Denny’s Corp. and Delphi Investigations Thursday in the Washington County prothonotary’s office.
The Irizarrys, Jonathan’s brother, Stephen, and an unidentified woman visited Denny’s in Canton Township June 23, 2012. While they were eating their meals, the Irizarrys were approached by a group of men including Cameron Reihner, 22, and Troy L. Wilson Jr., 20, both of Washington. An argument ensued and Reihner, Wilson and the rest of their group were asked to leave the restaurant by the security guard.
When the Irizarrys left the restaurant, Reihner, Wilson and others were waiting outside and threatened them. The group then followed the brothers from the restaurant to a business parking lot in the 100 block of West Pike Street in Houston, where the brothers were attacked with baseball bats.
Jonathan Irizarry suffered loss of peripheral vision in his left eye, a broken nose, other facial fractures and a broken ankle, among other injuries.
In January, Reihner was convicted of two counts each of aggravated assault, simple assault, disorderly conduct and harassment, and one count each of reckless endangerment and possessing an instrument of crime. He is set to be sentenced June 2. In March, Wilson pleaded guilty to one felony count of aggravated assault and was sentenced to 2 to 4 years in prison.
During Wilson’s sentencing hearing, the brothers’ mother, Awilda Rivera, said Jonathan has suffered terribly since the attack. She said he suffers from “post-traumatic stress disorder-related attacks,” limited vision in one eye and continued surgeries.
Jonathan and his wife claim that a member of the wait staff warned the manager and security guard on the night of the attack about Reihner’s violent tendencies and asked that they call police, according to the lawsuit. They also claim that the restaurant failed to notify them that Reihner and Wilson were not removed from the property.
The lawsuit claims that the “negligence, recklessness and wantonness” of the restaurant and the security guard resulted in Jonathan Irizarry’s injuries, and that they failed to prevent or intervene in the harm done to Jonathan Irizarry.
Denny’s declined to comment.
The lawsuit states that Jonathan Irizarry and his wife are seeking an excess of $50,000 in damages. A jury trial was requested.