South Philadelphia

Father of man fatally shot outside Pat's King of Steaks suing shop for lack of security

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The family of a man who was fatally shot outside of Pat’s King of Steaks in 2021 is now suing the South Philly cheesesteak shop.

The law firm of Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP filed a lawsuit against Pat’s King of Steaks on behalf of David Padro, Jr., who was shot and killed in front of the shop on July 22, 2021.

On that day, Padro, 22, got into a parking dispute with another customer outside the cheesesteak shop in South Philadelphia that resulted in him being shot and killed.

The lawsuit being filed against Pat’s alleges that despite the cheesesteak shop having a known history of unruly customers on its property during late night and early morning hours, the shop failed to have security personnel present who could have intervened in the altercation.

“This lawsuit is not just about getting justice for David Jr., it’s about holding businesses accountable. Businesses that profit from the people of Philadelphia,” Andrew Mitnick, a partner at the Feldman Shepherd law firm representing David Padro Sr., said in a press conference Thursday afternoon. “Businesses like Pat’s owe a duty to take reasonable measures to protect the safety and well-being of their patrons.”

Pat’s is a 24-hour business. Mitnick says since the business wants people who have been drinking and are out late to come to their business, they should have security to protect their customers and business — sentiments that Padro Sr. echoed.

“David was a victim of a preventable shooting at Pat’s King of Steaks,” Padro Sr., said during the press conference.

He said while he was in court, the man that killed his son, Paul Burkett, said that he wished that Pat’s had security there that night to prevent what happened. Burkett was sentenced to up to 10 years in prison on June 7, 2023.

Mitnick cited other businesses in Philadelphia that have uniformed Philadelphia police officers in their store such as Apple.

The family’s lawyer also said that Pat’s has a continued history of violence taking place specifically at its business such an attack two months after Padro’s death that left a man beaten to death.

“This can’t be allowed to happen to any other family and that’s why I filed the lawsuit,” Padro Sr. said.

NBC10 reached out to Pat's King of Steaks. A spokesperson said they had no comment.

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