A woman in Vero Beach, Florida, has sued a Palm Beach nightspot claiming that she was injured by a 300-pound Canadian who fell on her there. Kathryn Muth accuses Cucina Dell'Arte of negligence on the grounds that the restaurant is not authorized to operate as a nightclub, as she says it was doing on the night of the injury. The unauthorized dance music allegedly encouraged the large man to hoist himself up onto the bar with intent to groove, only to then fall onto Muth, who suffered a torn rotator cuff.
According to Muth's attorney, Cucina was allowed to expand its outdoor area in 2004 only on condition that "no loud music, dance floor or D.J." were to be allowed. It is not clear from the report whether any of those conditions were technically violated, but the attorney also seemed to suggest that the bar might have been defective to the extent it was intended or permitted to be used for dancing. "This was not a bar that was made for [300-pound drunk Canadian] people to dance on," she said.
An attorney for Cucina's insurance company did not want to comment, which he made clear by commenting that "[t]he bottom line is that the only comment we have is 'no comment.'" He had no further comment.
One of the mysteries surrounding the event is the identity of the falling tortfeasor, who has not been sued, probably because he cannot be found. None of the witnesses seem to know him personally. "They all just call him 'the large man,'" said Muth's attorney. According to the report, police were somehow able to identify The Large Man as one "Remington Wayne Lawrence." With a name like that, he is likely either a private eye or a serial killer, or both. If in fact he is both, it may not be surprising that he has apparently vanished back into the Canadian mist from whence he came.