olive garden shooting

The shooting happened On Feb. 23, 2019 (WDRB photo)

LOUISVILLE, Ky. (WDRB) -- The family of a man shot and killed inside of a Louisville Olive Garden has sued the company claiming the restaurant didn't do enough to prevent the shooting.

The lawsuit, filed on Feb. 21, claims that Olive Garden was negligent "in hiring, retention, supervision and monitoring of their employees...responsible for the safety and security of their invitees."

Jose Munoz, 25, was shot and killed on Feb. 23 2019 inside the Olive Garden on Outer Loop by Devone Briggs, who was also a customer at the time of the shooting.

The lawsuit claims that Olive Garden had a "duty to have measures in place to ensure the safety and security of its invitees to not allow dangerous conditions to exist."

The suit doesn't outline what those measures should have been. 

Briggs is charged with murder but has claimed multiple times since the shooting that he only shot Munoz because Munoz was threatening him. 

According to family friends, a child bumped into Briggs, who he shoved to the ground and then got in a argument with the adults the child was with. Munoz then tried to break up the argument when he was shot, according to the friends WDRB interviewed.

In a separate lawsuit filed in January, a customer claimed she was injured inside the restaurant when the emergency exit malfunctioned. 

According to the lawsuit, Angie Cann tried to leave the restaurant, but was unable to due to the "defective and dangerous condition" of the restaurant's emergency door. The lawsuit states that the door would not open, and Cann fell to the floor and injured her knees.

Munoz's family's lawsuit is seeking unspecified monetary damages and a jury trial.

Briggs is scheduled to go to trial in July.

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