Checkers Drive In hit with personal injury lawsuit

Jon Campisi Jun. 6, 2011, 5:13pm

A restaurant patron who was sickened during a visit to a city establishment is suing the eatery for injuries he sustained after ingesting food purchased at the business.

Attorney Richard F. Corbin, of the firm Christopher L. Giddings, P.C., filed the personal injury lawsuit June 3 at the Philadelphia Court of Common Pleas on behalf of Philadelphia resident Dante Palmer.

The lawsuit accuses the defendant, Checkers Drive In Restaurants, Inc., of negligence, strict liability and breach of implied warrant of merchantability.

According to the lawsuit, Palmer was eating at the Checker’s restaurant at 5726-46 Baltimore Avenue in Philadelphia in mid August 2010 when he became violently ill. As a result, Palmer had to go to the hospital for medical care.

Palmer suffered abdominal pain, nausea, vomiting and other injuries, “all of which may continue for an indefinite period of time into the future,” the lawsuit states.

The incident has caused the plaintiff to experience a loss of earnings and earning capacity, and has affected his daily duties and activities, the suit claims. Palmer has also incurred medical costs because of the incident.

The complaint accuses the restaurant chain of allowing a product to be sold that was unfit for consumption, for failing to make sure the food was safe before it was sold, for failing to inspect the food before it was sold, and for otherwise negligent, carless and/or reckless behavior.

The lawsuit doesn’t specify what type of food item allegedly made the plaintiff sick.

In each of the three counts listed in the lawsuit, Palmer requests judgments against the defendant in amounts not in excess of $50,000 plus related court costs.

The non-jury matter is scheduled for an arbitration hearing on Feb. 6, 2012.

The case number is 110504009.

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