McDonald's shelf collapse leads to personal injury lawsuit

Jon Campisi Jul. 16, 2011, 9:20am

A Philadelphia man who claims he injured himself after a shelf full of electronic equipment fell on him at a local McDonald’s restaurant he was working at is suing the company whose heavy equipment allegedly caused the accident.

Philadelphia attorney Samuel F. Kafrissen, of the Law Offices of Samuel F. Kafrissen, P.C., filed the personal injury lawsuit July 14 at the Philadelphia Court of Common Pleas on behalf of Wilberson Mildor.

The defendant in the case is Broomall, Pa.-based Universal Atlantic Systems Inc.

According to the complaint, Mildor was working at the McDonald’s franchise at Erie and Torresdale avenues in Philadelphia on Aug. 19, 2009, when a shelf containing electronic equipment collapsed on the plaintiff, causing physical injuries to his left hand and arm.

“The shelf had been overloaded with equipment by the defendants,” the lawsuit states.

As a result of the incident, Mildor sustained a left arm sprain and strain, hand and wrist sprains, lacerations on his hand requiring stitches and other neurologic and orthopedic injuries, the full extent of which has not yet been fully determined, the lawsuit states.

The accident also caused the plaintiff aggravation of pre-existing conditions, the suit states.

Because of the incident, Mildor has had to spend various amounts of money on medical treatment and rehabilitative services, the suit states, and he continues to suffer from “agonizing aches and pains,” and has been prevented from performing his usual duties, occupations and avocations.

The lawsuit accuses the defendants of negligence in failing to inspect the shelf in order to determine it was in a safe condition for workers, failing to provide a reasonably safe area for the plaintiff and others, and failing to properly maintain the shelf that had been holding the equipment.

Mildor demands judgment against the defendants, jointly and/or severally, in an amount not in excess of the arbitrational limits, or $50,000.

The non-jury case has been scheduled for arbitration in March 2012.

The case number is 110701271.

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