A lawsuit has been filed against a popular South Philadelphia cheesesteak shop, accusing the shop of failing to provide security that could have prevented a fatal shooting committed by a Berks County man outside the restaurant.
The suit was filed July 20 by the estate of David Padro Jr., 22, of Camden, N.J., who was killed during a fight outside Pat’s King of Steaks on July 20, 2021.
Pat’s intentionally disregarded the well-being of patrons and ignored its legal obligations to provide a safe environment by not hiring private security despite being open 24 hours a day and often serving intoxicated customers and hosting unruly crowds, according to the suit filed in Philadelphia County Court.
Paul Burkert, 37, of Cumru Township pleaded guilty in March to voluntary manslaughter and illegal possession of a firearm and was sentenced to 3 1/2 to 10 years in state prison for shooting Padro.
Investigators said Burkert’s girlfriend, Jamie Frick, 38, of Newmanstown, Lebanon County, struck Padro in the head with a napkin dispenser just before Burkert shot him. She pleaded guilty to simple assault and reckless endangerment and was sentenced to two years of probation.
The suit is seeking in excess of $50,000 for Padro’s pain and suffering, medical expenses, economic losses and punitive damages. His estate includes his father, David Padro Gonzalez of Franklin, N.J., and his mother, Enidza Martinez of Cherry Hill, N.J.
Restaurant officials were not immediately available for comment.
The lawsuit provided this account of the shooting:
Padro, Burkert and Frick were in line at the East Passyunk Avenue restaurant when the couple began arguing with Padro. They claimed Padro had bumped their van with his vehicle while parking, which Padro denied.
The dispute continued for several minutes until the two were near the cashier, and Burkert, who was waiting for food, left the line to get a 9 mm handgun from his truck and tucked it in his waistband.
Burkert continued to antagonize Padro, who charged him, and the two fought. During the fight, Frick struck Padro in his head with the napkin dispenser, causing him to back away.
Burkert shot Padro once in his left shoulder. Padro took 12 steps and was seeking help before he collapsed in pain.
No one provided medical care.
Burkert and Frick took off in their van.
Police arrived about five minutes later and took Padro to Thomas Jefferson University Hospital, where he was pronounced dead.
The suit was filed on behalf of Padro’s estate by the Philadelphia law firm Feldman, Shepherd, Wohlgelernter, Tanner, Weinstock and Dodig, LLP.
Pat’s was negligent in not providing ample security, and therefore allowed the argument to escalate to a homicide, the suit says.
A judge agreed, saying during Burkert’s trial that “maybe if they did have security or other things, things could have been different,” the suit says.
Pat’s was aware of the potential for violence at the business because there was a stabbing at the restaurant in 2016 and a shooting in 2020, both of which were nonfatal, the suit says.
Also, two months after Padro was killed, a 28-year-old customer was beaten to death by four men there, further demonstrating the danger of not having proper security, the suit says.
“Again there was nobody there to stop it and protect this man,” said Padro estate attorney Andrew Mitnick during a press conference shown online Thursday.
The incident involving Padro initially attracted national attention over incorrect reports that it had been motivated by an argument over the Eagles and Giants football teams.
But video surveillance footage taken by nearby cameras and court testimony confirmed the argument stemmed from the parking dispute, according to coverage of a preliminary hearing.
