Wendy's, KFC face slip-and-fall suits in Pa. state court

By Jon Campisi | May 17, 2012

Two people filed personal injury claims in state court last week against two popular fast food eateries alleging they sustained injuries as a result of respective slip-and-fall incidents inside the restaurants.

The first complaint was filed by Philadelphia attorney Benson I. Goldberger, of the firm Dion & Goldberger, on behalf of Nazirah Luckey of Piscataway, N.J.

The defendants are the Wendy’s Company of Dublin, OH and Wendy’s Old Fashioned Hamburgers of New York Inc.

According to the complaint, Luckey was visiting the Wendy’s restaurant at 227 Plaza Boulevard in Morrisville, Pa. on May 23, 2010 when she slipped and fell as a result of coming into contact with a water-soaked floor.

Luckey used her right hand to brace herself after slipping on the wet surface and ended up sustaining various lower back injuries, including bulging discs and lumbar sprain and strain.

Luckey was caused to spend various sums of money on medical attention to treat her injuries, and she has sustained a loss of earnings as a result of the incident, the lawsuit claims.

The defendants are accused of negligence and carelessness for failing to maintain safe premises, failing to erect proper and adequate safeguards and/or warning devices, failing to properly inspect and maintain the floor and failing to use due care under the circumstances.

Luckey seeks judgment against the defendants in an amount not in excess of $50,000.

The second complaint was filed by attorney Adam E. Grutzmacher of the firm Clearfield, Kofsky & Penneys on behalf of Philadelphia resident Naime Rutledge.

Named as defendants in the civil action are the Kentucky Fried Chicken at 6417 Harbison Avenue in Northeast Philadelphia, Harrisburg-based KFC of America Inc. and Louisville, KY-based Yum! Brands Inc.

The complaint alleges that Rutledge sustained various injuries after he fell on a wet men’s room floor at the fast food establishment.

The alleged incident occurred on Sept. 20, 2010.

As a result of his fall, Rutledge sustained a rotator cuff tear, lower back injuries, elbow pain, shoulder sprain and strain, knee injuries, ankle injuries and other physical problems.

Rutledge has had to spend various sums of money to treat his injuries, and he has suffered a loss of earning capacity due to his inability to work.

The plaintiff has also suffered severe physical pain, mental anguish and humiliation, the lawsuit claims.

Rutledge, too, seeks $50,000 in compensatory damages, plus interest and court costs.

Arbitration hearings in both cases are scheduled for Jan. 17, 2013.

Both lawsuits were filed May 10 at the Philadelphia Court of Common Pleas.


The case ID numbers are 120500700 and 120500738.


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