TAMPA — An over-eager drag queen’s breast "wiggles" caused a customer permanent spine and nerve damage, according to a lawsuit filed this month.
Now Neldin Molina is suing Hamburger Mary’s and an individual know as "Amanda D’Hod" for $1.5 million.
"It’s not a good thing for anyone to go up to someone and perform that way," Molina, a Denver resident, said about Amanda D’Hod. "There are a lot of people who have medical issues. I wasn’t aware that this was going to happen."
Kurt King, the restaurant’s owner, would not comment on the lawsuit.
The incident occurred the night of May 30, 2015, while Molina was attending a friend’s birthday dinner at the Ybor City restaurant, which features drag shows, the lawsuit says.
The performer grabbed Molina by the neck during the show and "violently pounds the plaintiff’s head against defendant’s chest up to nine times," according to the lawsuit filed by Molina in Hillsborough Circuit Court.
"Because I live in Denver, it was too difficult to coordinate with a lawyer in Tampa," Molina said. "So, I went to a law library and wrote it myself."
Molina does not know the performer’s real name, so she named her by her stage name. Molina said she immediately went to the hospital with cervical pain and headaches.
The encounter began when Molina, who had never visited the club before, was sitting at a table looking away from the stage then turned to see the defendant point and walk toward her, the lawsuit says. Molina turned to ignore the performer and soon felt someone touch her shoulders from behind, the lawsuit says. She turned and saw it was the defendant.
Molina submitted a complaint to the restaurant manager, the lawsuit says. A few days later, the manager called Molina to provide her insurance information for the business so she could file a claim, the lawsuit says. But the insurance provider, Tristar Risk Management, offered no coverage for the type of injury Molina suffered, the lawsuit says.
Molina, 53, said she suffered irreversible spinal damage and has lost range of motion in her spine and strength in her right arm.
Hamburger Mary’s has 18 locations across Florida and in other states.