Hamburger Mary’s Tampa has filed a motion to dismiss the legal complaint filed by Colorado resident Neldin Molina seeking $1.5 million in compensatory damages from the popular eatery and drag performer “Amanda D’Hod.”
According to paperwork filed in mid-February, Molina’s lawsuit alleges that she was injured by the performer’s breasts during a dinner in 2015, though it notes “Amanda D’Hod” may not be the performer’s name. It further asserts that she wasn’t warned by the entertainment eatery about the evening’s drag performances, and argues that as a result she now faces morbidity, mortality and chronic non-malignant pain from the alleged incident.
“D’hod” was unable to be served, paperwork shows, and the three-page motion to dismiss filed in early March asserts that Molina’s account “is so vague” it doesn’t allow an accurate response. “This is improper pleading and creates confusion when framing a responsive pleading,” Hamburger Mary’s lawyers argue. “Said allegations are against distinct entities, which are all contained in one count.”
