Nicholas Malfitano Apr. 23, 2015, 12:30pm


PHILADELPHIA – A Washington Crossing couple have filed a negligence lawsuit against a McDonald’s restaurant in New York City and its operating company in Connecticut for injuries suffered in an alleged fall at the restaurant in November 2012.

Kathleen Rosso-Gana and Stephen Gana filed the suit in the Bucks County Court of Common Pleas, alleging McDonald’s and Lewis Foods of 42nd Street, LLC were collectively negligent in their operation of the McDonald’s restaurant located at 220 West 42nd Street in New York City.

The lawsuit says this negligence was a direct cause of Rosso-Gana’s fall, which they claim left the wife with permanent damage to her legs, knees and right ankle, among other injuries.

Rosso-Gana visited the McDonald’s restaurant in question on Nov. 3, 2012, and after making a purchase, exited the premises. At that time, the suit alleges Rosso-Gana made contact with a “wet and slippery substance” on the stairway outside the restaurant, striking her head on the exterior wall as she tumbled down the steps.

The suit claims Rosso-Gana sustained a “shattered fibula of her left leg; severe sprain of her right leg and ankle; severe headaches; contusions of both knees; various other contusions, lacerations and abrasions; extreme anxiety and trepidation when descending staircases; and various other injuries as specified in her medical records.”

According to the lawsuit, McDonald’s and Lewis Foods of 42nd Street were negligent in “failing to maintain their stairway in a dry, safe and passable condition; failing to properly inspect its premises for such hazardous conditions; failing to warn its customers of the aforementioned hazardous conditions; failing to provide prompt and adequate aid to plaintiff after her fall; and various other incidents of failure to exercise due care as may be established in the course of discovery or at trial.”

The lawsuit further claims Rosso-Gana has incurred great economic losses due to her injuries, specifically those connected to medical costs for her treatment and a loss of income related to her profession as the owner and operator of a private school.

Both Rosso-Gana and her husband also cite being “unable to enjoy the various social, recreational and conjugal activities” they engaged in before this alleged fall took place.

The Ganas initially filed the suit in the Bucks County Court of Common Pleas, but the defendants cited diversity of citizenship between the involved parties and the amount in damages being sought exceeding $75,000, in requesting the complaint be removed to the U.S. District Court for the Eastern District of Pennsylvania for proper jurisdiction.

The McDonald’s restaurant where the alleged fall took place is located at 220 West 42nd Street in New York City, and Lewis Foods of 42nd Street, LLC. is an owning and operating entity for the restaurant based in Darien, Conn.

The plaintiffs seek in excess of $75,000 in damages, plus interest and court costs. The plaintiffs are represented by Louis B. Priluker, Esq. of Jenkintown.

The defendants are represented by Mark Lockett, Esq. of Bonner, Kiernan, Trebach & Crociata LLP, of Philadelphia.

United States District Court for the Eastern District of Pennsylvania case 2:15-cv-02016

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