A popular bar in a gentrified Philadelphia neighborhood has been named as a defendant in a civil action initiated by a patron who claims he sustained injuries after tripping over a hand-truck that had been improperly placed in the middle of a pedestrian walkway at the establishment.

Philadelphia resident Scott Tustin claims in his slip-and-fall suit, which was filed Sept. 5 at Philadelphia’s Common Pleas Court by attorney Stephen W. Bruccoleri, that he became injured on Sept. 11, 2010, after he came into contact with the piece of equipment at Finnigan’s Wake, a three-story restaurant and bar located at 537 N. 3rd St. in Philadelphia’s Northern Liberties section.

The bar is named as a defendant in the lawsuit as is its owner, Charles Volz, Jr., and various company subsidiaries.

As a result of the incident, Tustin sustained various back and groin injuries, including a hernia that required surgical repair, post-surgical scarring and other ills, the complaint alleges.

The lawsuit states that Tustin has had to spend a great deal of money on medical care, that he has experienced pain, suffering and inconvenience, and that the accident has prevented him from carrying out his usual duties and activities.

Finnegan’s Wake and the other defendants are accused of negligence for failing to properly clear the floor of the defective condition, failing to warn patrons of the tripping hazard and failing to properly inspect the premises to check for dangers.

Tustin seeks judgment in excess of $50,000.


The case ID number is 120900414.

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