A Dallas man who survived a brutal beating earlier this year by three unknown attackers has sued the owners of the property where the assault happened for $1 million in damages.
Luis Rocha, 70, was attacked the night of Jan. 5 in a parking lot beside the popular Campisi's Restaurant, in the 5600 block of East Mockingbird Lane in Dallas, just east of U.S. Highway 75.
Rocha was badly beaten, suffering, in his own words, several broken ribs, nerve damage in his right shoulder and injuries requiring open heart surgery and several eye surgeries, including one to replace his eye socket with titanium plates and screws.
"This should never have happened, not to me or anybody else," Rocha said Thursday.
The lawsuit claims that Campisi's, Radio Shack - where Mr. Rocha parked, in what was considered to be overflow parking for the restaurant - and Corinth Properties, the company that owns the property where the strip of businesses, including Radio Shack, are located, should have done more to protect their customers.
Rocha's attorney, Larry Friedman, cited Dallas police crime statistics for the immediate area, showing a history of violent crime as proof that it would have been appropriate for the businesses to take preventative action.
The lawsuit states the following:
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"The parking arrangement and parking lot posed unreasonable risk of harm to invitees, such as Plaintiff, particularly at night. Defendants knew, reasonably should have known, or had reason to know of an unreasonable and foreseeable risk of harm by criminal conduct to invitees or to persons similarly situated on, around, or in the immediate vicinity of the premises."
In addition, the suit claims:
"Defendants created an extreme risk of harm by knowingly leaving the premises without adequate security measures that would protect customers and invitees, such as Rocha, by failing to provide adequate lights in the parking lot at night, failing to post adequate notices, warnings, or signage, failing to have adequate security, and failing to adequately warn invitees."
"Had it been lighted, had there been cameras, had there been security, we believe it would have been different," Friedman said. "It's our position that these remedial measures are long overdue and should have been taken many years ago."
None of the defendants agreed to comment on the pending lawsuit, filed in Dallas County court Thursday.
Campisi's did add security lighting and cameras after the attack on Rocha was reported, according to a company spokesperson.
"It's trite to say 'too little, too late,' but it was too late for Lou Rocha," Friedman said.
