A pre-action protocol letter has been sent to Mario’s Pizzeria after a six-year-old boy’s right arm was broken when he allegedly fell through a gaping hole in the safety net inside the designated playroom of the El Dorado outlet.
The boy’s parents are now seeking $204,000 in compensation from the fast food company for what they claim was negligence.
The pre-action protocol letter dated Monday and signed by attorney Kyle Fortuné was sent to Mario’s Pizzeria’s chief executive office Roger Harford threatening legal action.
According to the pre-action protocol letter, on July 8 Lamar Paynter visited Mario’s El Dorado branch around 8 pm with his grandmother Volouris Maynard.
“While playing in the designated play area my client fell through a hole in the safety net causing him to fracture two bones (radius and ulna) in his right arm causing him tremendous pain and suffering,” the letter claimed.
The letter claimed that “no assistance or apology” was given to Paynter and his family and he had to be taken to the Eric Williams Medical Sciences Complex “in a private car”.
Paynter was in such “severe pain that he was sedated after his X-rays and a cast was put on his arm,” the letter claimed.
He was then warded overnight at the hospital.
On July 9, Paynter’s mother Charisse Bramble visited the fast food outlet and spoke to the management there.
On July 18, Bramble met with Harford about the situation, the letter claimed.
He provided his cellphone number to her, the letter claimed.
However, Bramble claims in the pre-action protocol letter that since meeting with Harford almost a month ago there has been no headway with respect to the situation. She has now opted to take legal action.
Two separate cases in this country where persons were awarded $93,000 and $195,776 for the pain and suffering caused by fractures to their arms were cited in the pre-action protocol letter.
“My client has incurred medical expenses to date at the cost of $800 as well as legal costs to date in the sum of $7,500,” the letter stated.
“In light of the foregoing, my client claims the sum of $204,000 in full and final settlement for pain, suffering and past and future expenses arising out of the negligence of your establishment,” it stated.
Mario’s has been given seven days to reply or face a lawsuit.