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Man suing Dixie Roadhouse after fight involving off-duty FMPD officers

Posted at 7:49 PM, Aug 20, 2020
and last updated 2020-08-20 22:16:43-04

The man accusing three off-duty Fort Myers Police Officers of attacking him is now filing a lawsuit against Dixie Roadhouse.

The altercation happened on February 20, 2020.

During a previous interview with Fox 4, Volk shared what he says happened that night.

“I must have went the wrong way. When I was supposed to go left, I went right, bumped into these guys completely unintentionally, and then they took real offense to it," said Volk.

"There [were] some words, confrontation, face to face sort of thing, and I was pointing and that is when the shoving began and everything ensued from there.”

In the lawsuit filed on August 13, Volk claims Dixie Roadhouse "served substantial amounts of alcohol to patrons, and accordingly failed to conform to a reasonable standard of care by not providing adequate security."

The suit goes on to say "at no time prior to the attack was there any security nearby," and "despite Volk and others repeatedly calling for help, security failed to respond quickly."

Volk says he suffered four broken bones in my face, a severe concussion, vision and hearing loss.

The suit also claims Dixie Roadhouse failed to provide quick medical aid, contributing to Volk suffering substantial injuries and medical costs.

Volks is now seeking at least $30,000 in damages, plus attorney fees.

The State Attorney's Office did not charge the three officers involved in the incident, and they are back on the job.

The Fort Myers Police Department says it is still conducting an internal investigation.