Flora-Bama fighting lawsuit after patron alleges bouncer fractured face during beating

A second well-known Escambia County bar has been embroiled in a year-long lawsuit after a patron claimed they received significant injuries during a beating in July 2022.

Missouri resident Gregory Bennett filed a lawsuit against Perdido Key's Flora-Bama Lounge, Package and Oyster Bar after he claims one of their security guards beat him so badly that he suffered "extensive orbital floor fractures, sinus fractures, loss of eyesight and a catastrophic brain injury" while trying to pay his tab.

Bennet's attorney, Artie McGraw, told the News Journal that "the evidence shows that he was unreasonably assaulted by a bouncer" while visiting Flora-Bama.

"On July 24, 2022, Bennett was attacked inside the gift shop of Flora-Bama's premises and suffered the aforementioned injuries," the lawsuit says. "At the time of the incident, Flora-Bama, its agents, servants and/or employees, owed a duty to operate their premises in a reasonably safe manner for the protection of their patrons and to guard against dangers of which it should be cognizant or which it might have reasonably foreseen."

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The suit alleges Flora-Bama failed to properly screen bouncers, failed to provide proper security to patrons and negligently hired untrained security personnel.

Bennett is seeking over $30,000 in damages excluding court costs and attorney fees, and he is seeking a jury trial.

Artice McGraw, Bennett's attorney, told the News Journal that they are still participating in discovery and depositions but is planning to schedule a trial around February or March 2024.

Lydecker LLP attorneys Shaun Koby, David Kowalski and Christopher Brown are representing Flora-Bama in the case, and they deny any allegations the bar could have known the incident would have occurred.

"Defendant asserts that at all material times hereto, the alleged incident occurred above and beyond the foresight of reasonable prudent persons, and was caused by the actions and/or omissions of third-persons and conditions beyond defendant's control," court documents say. "The plaintiff was under the influence of alcohol and/or drugs, and/or had a blood alcohol level in excess of the legal limit at the time of the accident."

The News Journal reached out to Lydecker LLP for comment, but they did not immediately respond.

Both parties entered mediation talks for three months, but in August 2023 they filed a mediator report announcing they reached an impasse and would move through the trial process.

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What happened July 24, 2022?

According to depositions filed in the case, Jack O'Donnell was the bouncer who allegedly attacked Bennett the night in question.

During the deposition, O'Donnell said he escorted Bennett out of the bar because Bennett's son was drinking underage, but he couldn't confirm if the minor was actually consuming alcohol.

"I was told by another employee that Mr. Bennett was giving alcohol to an underaged kid," O'Donnell's deposition states. "As I approached Mr. Bennett, I did see that the under-ager did have a beer in front of him. We asked them all to stand up, and it was time to leave the bar."

As Bennett's family began to leave the bar, Bennett went to pay the tab in the gift shop. O'Donnell said he was "a little drunk" as they left.

The event in question began roughly five minutes after Bennett's family left, according to O'Donnell, when the person working the gift shop called O'Donnell to the front where he saw Mr. Bennett.

"From what I estimated he was just trying to pay the cover and get back in," O'Donnell said. "You know, he thought that just the under-ager had to leave and not himself."

While the two were walking out, O'Donnell says Bennett shoved him backward and assumed "an aggressive posture." O'Donnell said he felt he needed to defend himself.

"So, I punched him one time on the right side of his face. He went down," he said.

O'Donnell said he punched Bennett once in the right side of his forehead, knocking him unconscious. He also said Bennett never tried to punch him.

Bennett's attorneys say witnesses to the incident said O'Donnell shoved first, leading to Bennett shoving O'Donnell backward.

O'Donnell says after punching Bennett, he went to "cool off" and continued his shift.

This article originally appeared on Pensacola News Journal: Flora-Bama fighting lawsuit after bouncer's beating allegations