PHILADELPHIA (KYW Newsradio) — Pat’s King of Steaks is facing a wrongful death lawsuit by the family of a man who was fatally shot outside of the popular cheesesteak spot in South Philly.
Attorneys Alan Feldman and Andrew Mitnick have filed the suit on behalf of David Padro Jr., who was killed in July 2021 when Paul Burkert shot him after a parking dispute.
They say “despite a known history of unruly patrons on its property during late-night and early-morning hours, Pat’s King of Steaks did not have security personnel present on its premises who could have intervened” to prevent the fatal shooting.
"Businesses like Pat's owe a duty to take reasonable measures to protect the safety and the well being of their patrons, especially when you have a business that's open late night and early morning hours,” Mitnick said.
“There’s been a lot of violence at Pat’s. ... Even after David was tragically killed — two months after that, a man was beaten to death in front of Pat’s, and there was nobody there to stop and protect this man.”
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Padro’s father, David Padro Gonzalez, says his son was 22 years old, well loved by his family and friends, and had his whole life ahead of him.
"David was a victim of a preventable shooting at Pat King of Steaks. Any type of late-night business like Pat's that attracts crowds after games, concerts or night bars, clubs knows [what] to expect from what type of crowd they bring in. They're going to be rowdy, with potential for things to escalate. This is why the presence of security is important and necessary to deter."
Burkert, who was not legally allowed to possess a weapon, was sentenced to at least 3 ½ years in prison last month.
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Burkert’s girlfriend, Jamie Frick, was sentenced to two years of probation for hitting Padro over the head with a metal food container before Burkert fatally shot him.
Pat’s has declined KYW Newsradio’s requests for comment.