PHILADELPHIA – A plaintiff who claimed illness and injury from allegedly being served shards of a broken plate at a Longhorn Steakhouse in Hamilton Township, N.J., has settled with the popular casual dining restaurant chain.

Per an order from U.S. District Court Judge Paul S. Diamond, it was announced plaintiff Walter Kaminskas entered into a settlement agreement with defendant Rare Hospitality Management, Inc., thus rendering a scheduled pre-trial conference set for May 15 unnecessary.

Diamond’s dismissal was effectuated with prejudice and without costs, per mutual agreement of counsel. Terms of settlement between were not disclosed.

Kaminskas, of Trenton, N.J., first filed suit on Feb. 20 in the Philadelphia County Court of Common Pleas, versus Darden Restaurants and RARE Hospitality Management (who he then named as being listed in Hamilton Township, N.J.)

“On or about Jan. 2, 2017, at approximately 8:15 p.m., while on defendants’ premises, plaintiff was served and caused to consume unsanitary, or otherwise unhealthy substance, shards of broken plate within a bowl of rice, by defendants individually, jointly, severally, themselves and/or through their agents, servants, franchises, workmen and/or employees, causing serious and permanent personal injuries on account of which this action is brought,” the suit states.

“As a direct and consequential result of the negligent and/or careless conduct of the defendant, described above, the plaintiff suffered various serious and permanent personal injuries, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions, and others ills and injuries, all to plaintiff’s great loss and detriment,” the suit adds.

The case was removed to the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, in March.

The plaintiff had been seeking damages in excess of $50,000, plus all costs and other relief.

The plaintiff was represented by Marc I. Simon of Simon & Simon, in Philadelphia.

The defendants were represented by Louis Hockman of Mintzer Sarowitz Zeris Ledva & Meyers, also in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case 2:17-cv-01267

Philadelphia County Court of Common Pleas case 170204502

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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Philadelphia Court of Common Pleas
1501 Arch Street
Philadelphia, PA 19102

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