A Chester County, Pa. woman who claims she lost consciousness after falling down a set of stairs and hitting her head at a local law firm is suing the company for injuries she claims to have sustained as a result of the incident.
Ardmore, Pa. attorney Joseph F. Schwartz, of the firm Silver & Silver, filed the premises liability complaint Nov. 7 at the Philadelphia Court of Common Pleas on behalf of Linda Branca of Phoenixville, Pa.
The defendant in the complaint is Robert DeLuca & Associates, LLC of Havertown, Pa, which, the complaint says, offers legal services.
According to the lawsuit, Branca was conducting business at the defendant’s office, located at 959 West Chester Pike, on Jan. 7, 2010, when she became injured after falling down an allegedly unlit staircase.
When she arrived at the business, natural lighting had lit the stairwell, enabling her to climb the stairs without any problems, the suit states. But the sun had gone down by the time she went to leave, and this, coupled with the fact that numerous boxes that hadn’t been at the top of the stairs when Branca had arrived earlier in the day had either fallen or been placed at the top of the stairs caused the plaintiff to trip and fall down the flight of stairs.
In her lawsuit, Branca claims that there was inadequate indoor lighting near the stairs, thus making it difficult to navigate the area.
After falling down the stairs, Branca hit her head and lost consciousness, the complaint alleges. She also suffered vertigo and vomiting, dizziness, severe pain in her neck, shoulder, back and both wrists, sustained a left distal radius fracture, experienced a chest wall injury, and sustained other injuries to her head, spine and right forearm.
Branca further experienced sensitivity to light, poor short-term memory, difficulty concentrating, persistent neck pain and increased radiating back pain that traveled to her leg, muscle spasms, spinal swelling and other problems.
The plaintiff also suffered mental anguish and a loss of life’s pleasures, and has been prevented from attending to her usual duties and activities.
Branca incurred a lien to her workers' compensation insurance carrier in excess of $215,000, the suit states. She has also incurred additional costs related to her medical care and attention.
The lawsuit accuses the defendant of negligence for failing to regard the rights, safety and position of the plaintiff in and about the area where the incident took place, failing to properly secure the boxes that led to her fall, failing to have adequate lighting in the stairway, failing to warn the public, and plaintiff in particular, of the dangerous and hazardous condition that existed on the premises, and failing to post adequate warning signs and barriers warning of the dangerous condition.
Branca demands judgment against the defendant in an amount in excess of $50,000, plus interest, costs and delay damages.
A jury trial has been demanded.
The case number is 111100105.