Boston Market shooting victim says restaurant should've protected him

Man shot in head on New Year's Day seeking to file lawsuit

TAMARAC, Fla. – Jason Claire doesn't remember the day he was shot in the head, but he's thankful to be alive.

"It’s a miracle," Claire said. "I thank God every day."

The 33-year-old father was covering for a manager at a Boston Market in Tamarac on Jan. 1 when a gunman shot him several times in the back of the head and neck before taking his own life.

The shooter was Clive Muir, 56, a disgruntled former Boston Market employee.

Muir had shot his love interest, Ann Nau, 21, inside her apartment then went to the Boston Market where she worked as an assistant manager, walked into an office and shot Claire several times.

One of the bullets went through Claire’s eye and one remains lodged in his jaw, which impacts his ability to hear.

When someone called 911 during the ordeal, the caller thought Claire was dead.

"He's on the floor, shot, already dead," the caller said.

The ordeal was one his wife, Santana Claire, recalls vividly.

"I remember one doctor told us that we'll actually get to see him when it's our time to say goodbye," she said.

Santana Claire remained at her husband's side as he spent 13 days in a coma.

"I'm amazed," Santana Claire said. "I know he will continue to get better."

However, the road to recovery hasn’t been easy.

Jason Claire is in rehab full time and has suffered from a brain injury because of the shooting.

He's also not working.

"I'm going for recovery," he said. "I'm just going day by day with my family and trying to do normal stuff with them."

Jason Claire's attorney, Todd Falzone, claims Boston Market knew Muir was a danger and didn't do enough to protect his client, who didn't normally work at the store where the incident occurred. 

"This fellow had clearly made threats," Falzone said, adding that those threats involved weapons.

Falzone said upper management knew of those threats and didn't act properly to protect his employees.

"Just firing the person without taking any kind of protective measures for the people that are left behind, it's a problem," Falzone said. "It's not enough." 

The Claires are in the process of filing a lawsuit.

"Our thoughts and prayers continue to be with Jason as he continues his recovery," Boston Market said in a statement. "To our knowledge, there is no pending or threatened litigation related to the actions of the attacker."

As for the couple, they are living with the ramifications of gun violence.

"If I was angry every day, it would probably be worse on me," Jason Claire said. "It would be worse on my kids and worse on my life."