QuickTake:

The lawsuit alleges the ownership of the restaurant near the University of Oregon was negligent in employing a shift supervisor who, the lawsuit contends, regularly brought a pistol to work.

A lawsuit filed Monday, Sept. 15, contends the local owners of Fat Shack restaurant were negligent in employing a shift supervisor who shot a 19-year-old man after being told the man had sprayed paint on the building.

The estate of the victim, Fernando Giffen-Vallejo, filed wrongful death and negligence claims against FS Eugene LLC, the legal entity operating the Fat Shack at Patterson Street and East 13th Avenue, near the University of Oregon.

The lawsuit says the shooter, Elijah Michael Pruitt, “regularly brought a loaded firearm to work in violation of safety norms” and also “had a known propensity for violence.”

Pruitt is also named as a defendant in the lawsuit.

Documents filed in Lane County Circuit Court allege that FS Eugene LLC is both “vicariously liable” for the shooter’s actions and also negligent because ownership “should have known that Defendant Pruitt was unfit to safely interact with customers.”

Attempts by Lookout Eugene-Springfield to reach the ownership of the Fat Shack through email and messages were unsuccessful.

The lawsuit states that the chain restaurant “intentionally markets to and serves customers during late-night hours,” alleging that Pruitt, 20 at the time of the March 2023 shooting, “had been in the habit” of bringing a pistol to work “for several months because of repeated issues with unruly patrons.”

The lawsuit states that Pruitt did not have a concealed carry license and, because of his age, was not eligible to apply for one. Court documents give this account:

An initial argument between Pruitt and Giffen-Vallejo took place “around midnight,” when Giffen-Vallejo ordered and paid for food but then “took out what appeared to be a nitrous oxide canister and inhaled it.” He was then was told to leave by Pruitt.

Pruitt later that night heard from a food delivery driver that Giffen-Vallejo had returned and spray-painted the building. He then heard from another employee that Giffen-Vallejo had returned again. A confrontation took place outside the restaurant.

The lawsuit contends that two employees restrained an unarmed Giffen-Vallejo face down on the sidewalk before he was shot. Giffen-Vallejo was able to get into his vehicle but he died across the street from the restaurant, the lawsuit states.

The lawsuit seeks up to $6 million in noneconomic damages and up to $4 million in damages related to medical and funeral expenses as well as lost future earnings.

Pruitt is in prison, after being convicted of second-degree murder, along with other charges, in the case. However, the Oregon Court of Appeals reversed his conviction Aug. 20 and ordered a new criminal trial.

When the Oregon Court of Appeals decides to reverse criminal convictions, the Oregon Department of Justice Appellate Division, in consultation with the local district attorney’s office, decides whether or not to challenge the appellate court’s ruling.

Lane County District Attorney Christopher Parosa said this week he had not heard about any decision from the Department of Justice about challenging the appellate court’s reversal.