Attorneys for fast food chain Kentucky Fried Chicken are moving to transfer a personal
injury claim initiated by a restaurant customer who allegedly became injured after slipping on a wet floor from state to federal court.
Philadelphia resident George Jenkins claims in his civil action that he sustained numerous bodily injuries, including bulging discs and sprained and strained limbs, after he slipped June 18, 2011, on a pool of water that had accumulated outside of the floor of the bathroom at the KFC eatery at 1200 N. Broad St. in Philadelphia.
The dangerous condition, the suit states, was created by a leaking toilet.
The suit accuses the defendant of negligence for allowing the hazardous condition to exist in a space utilized by members of the public and for doing nothing to clear the dangerous condition.
Attorney Louis B. Himmelstein initially filed the complaint on Sept. 25 at the Philadelphia Court of Common Pleas.
On Oct. 25, Philadelphia lawyer Beth A. Carter, of the firm Bennett, Bricklin & Saltzburg LLC, filed a Notice of Removal at the U.S. District Court for the Eastern District of Pennsylvania on behalf of her client, KFC, which asserts the action should play out in the federal venue because complete diversity exists between the parties and because the amount of damages sought by the plaintiff exceeds the jurisdictional limit in a Pennsylvania court.
In his lawsuit, Jenkins claims that the slip-and-fall incident also caused him to suffer “excruciating and agonizing aches, pains and mental anguish.”
The plaintiff also claims that he has incurred large medical, surgical and hospital bills as a result of his fall, and that he suffered cosmetic disfigurement, scarring and experienced earnings losses due to his inability to work.
The state case ID number is 120902920.
The federal case number is 2:12-cv-06092-JD.