Waco Twin Peaks customers file lawsuit against franchisee, franc - KXXV Central Texas News Now

WACO

Waco Twin Peaks customers file lawsuit against franchisee, franchisor

WACO, TX (KXXV) -

 Two Waco Twin Peaks customers who said they were inside the restaurant when a deadly shooting took place in May filed a lawsuit against the local and corporate management.

The two witnesses are the first customers to file suit, alleging their negligence, caused their injuries.

"When bullets began flying, plaintiffs were trapped inside defendants' property and forced to avoid being shot. Plaintiffs suffered personal injuries, including cuts, bruises and abrasions. Plaintiffs also suffered damage to personal property and significant emotional trauma,” according to the lawsuit.

Their attorney Hamilton Lindley of the Waco law firm Dunnam & Dunnam said his two clients were not able to sleep for days or react to everyday life, which led to them missing several days of work after the incident.

Lindley said his two clients identified as M.K.H and C.R.H didn’t disclose their names out of safety concerns because one of them was contacted by a biker. The attorney declined to elaborate on the details of the conversation.

The two plaintiffs requested a jury trial and monetary relief. The lawsuit states plaintiffs seek up to $500,000 to $1 million. Lindley said that amount was added as part of changes to the Civil Rule Procedure that requires attorneys to plea to a certain level of damages. However, he said the monetary relief sought will be evaluated once discovery occurs.

The lawsuit claims “in defiance of repeated law enforcement warnings, Twin Peaks invited rival biker gangs to its Waco restaurant on May 17, 2015. Predictably, these rival gangs fueled by Twin Peaks’ alcohol began fighting. Nine people were killed and more than 18 injured as a result of the gross negligence of the defendants.”

"They were warned specifically about this particular event and they kept on allowing it to happen. Now they claim that somehow they didn't realize that a match would start a fire, that they had no idea this would happen,” said Lindley.

The lawsuit also claims they should’ve hired additional security and followed the advice of Waco Police concerning canceling the reservation.

The franchisor, Front Burner Restaurants GP, LLC and Twin Peaks Investment Company, LLC, declined commenting on the ongoing litigation stating it would be inappropriate.

As of 9:30 p.m. on Monday, the franchisee, Peakstatic Beverage LLC and Chalak Mitra Group, had not returned calls and emails regarding this lawsuit.

However, in the past, the franchisee said in a statement, no one from law enforcement told them to cancel the patio reservation.

To read more about the Franchisee’s response released after the Twin Peaks shooting click here.

To read the lawsuit filed by the two customers, click here.

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