Delaware woman sues Pa. McDonald's restaurant for incident involving soda machine malfunction

Jon Campisi Apr. 25, 2012, 8:02am

A woman from Delaware has filed a personal injury lawsuit against a Pennsylvania McDonald’s restaurant and its parent company and a subsidiary for injuries she allegedly suffered after a cold drink machine fell on top of her head.

The alleged incident, which occurred in mid May 2010 at the McDonald’s franchise at 2326 Market St. in Linwood, Pa., allegedly resulted in serious injuries to Carolyn Henry’s head, face, nose, neck and shoulders, the complaint states.

Blue Bell, Pa. attorney Bruce T. Royal, of the firm Petriello & Royal, filed the injury claim April 23 at the Philadelphia Court of Common Pleas on behalf of Henry, who resides in Newark, Del.

In addition to the individual McDonald’s restaurant where the alleged incident occurred, the other defendants named in the lawsuit are Illinois-based McDonald’s USA and Harrisburg, Pa.-based McDonald’s Corporation.

The lawsuit claims that the May 15, 2010 incident occurred after the soft drink machine became unhinged from its moorings and collapsed onto Henry, “striking plaintiff with great force on her face and head, due to a highly defective and dangerous condition inside the restaurant’s cold drink serving area …”

The complaint accuses the defendants of not doing enough to ensure that the machine was properly fastened and that the supporting structures were not properly maintained or repaired.

The suit claims that the hazardous condition constituted a danger to the plaintiff and the general public.

The lawsuit accuses the defendants of negligence and carelessness for disregarding the rights and safety of the plaintiff, failing to inspect and correct the dangerous condition, permitting a dangerously “unstable and heavy” soft drink machine to remain in the customer service area, failing to warn of a dangerous condition and failing to maintain the restaurant premises in a safe and reasonable condition free of dangers.

As a result of the incident, Henry has incurred medical expenses relating to the treatment of her injuries, and she has also suffered a loss of earnings and earning potential.

Henry seeks damages in excess of $50,000.

A jury trial has been demanded.


The case ID number is 120402537. 

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