PHILADELPHIA – Counsel for a West Oak Lane neighborhood restaurant have denied the allegations made by a Philadelphia man who says he was injured when he bit down on a metal button hidden in his mashed potatoes.
On May 1, defense counselor Brian P. McGovern filed a response to Savoy Grant’s complaint versus his clients, Sadiki’s Restaurant and 7152 Relish Enterprises, Inc. (doing business as Relish Southern Cuisine), also both of Philadelphia.
“The averments of these paragraphs contain erroneous conclusions of law to which no response is required pursuant to rules of court but which generally are denied and strict proof is demanded at the time of trial,” McGovern said.
“By way of further response, it is admitted that 7152 Relish Enterprises, Inc. t/a Relish Southern Cuisine, owned and operated the restaurant, Relish, located at 7152-7170 Ogontz Avenue, Philadelphia, Pennsylvania. Defendant, Sadiki’s Restaurant, Inc. d/b/a Relish Southern Cuisine, d/b/a Relish, is an improperly named defendant,” McGovern added.
McGovern stated Grant’s complaint “fails to state a claim upon which relief can be granted against answering defendants”, and was barred by both the Pennsylvania Comparative Negligence Act and the Patient Protection and Affordable Care Act. Furthermore, the defendants deny notice of any condition constituted as “dangerous” and say they acted with due and proper care under the circumstances.
Grant first filed suit versus the defendants on Feb. 21 in the Philadelphia County Court of Common Pleas.
“On or about April 23, 2016, plaintiff was a business invitee of defendants’ restaurant. On or about April 23, 2016, plaintiff received his entrée of salmon and mashed potatoes and as he was eating his mashed potatoes, he felt a hard object which after spitting it out learned that it was a metal button causing him serious injuries which are set forth at length herein,” the lawsuit alleges.
The suit claims the defendants failed to provide a safe environment for its patrons, failed to properly prepare its food for patrons, allowed foreign objects in its food, failed to inspect its food for foreign objects and negligently prepared its food for patrons.
The plaintiff adds the defendants’ negligence caused him to suffer fractured restoration of tooth No. 19, No. 19 irreversible pulpitis, No. 30 non-restorable tooth, pain in teeth Nos. 18, 19, 20 and 30, vomiting, nausea and disfigurement.
The plaintiff is seeking damages in a sum not in excess of the amount required to be classified as a major case in the Philadelphia Court of Common Pleas, in this matter.
The plaintiff is represented by Kenneth M. Rodgers of Zarwin Baum DeVito Kaplan Schaer & Toddy, in Philadelphia.
The defendants are represented by Brian P. McGovern of Selective Law Group, in Springfield.
Philadelphia County Court of Common Pleas case 170205196
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com