PHILADELPHIA – A premises liability case involving a sidewalk fall outside of an Outback Steakhouse restaurant is not headed to the Montgomery County Court of Common Pleas.
LaTi W. Spence filed a motion for preliminary objections on Dec. 23, on the basis of improper venue and seeking transfer of Warminster plaintiff Annly Lukoff’s lawsuit to the Montgomery County Court of Common Pleas.
Spence felt since the subject accident the suit revolves around took place in Montgomery County, defendant Onyx Management Group of PA maintains a satellite office in Blue Bell (but allegedly does little business in Philadelphia) and Lukoff does not reside in Philadelphia County, that a judicial transfer needs to occur in this case.
Judge John M. Younge overruled the objections on Monday, and ordered Onyx to file full and complete answers to Lukoff’s litigation within 20 days.
On March 21, 2015, Lukoff was a customer of Outback Steakhouse in Jenkintown, when she was allegedly caused to fall by the presence of a dangerous condition, specifically, a build-up of broken cement on the sidewalk area, she says.
Lukoff believes the defendants’ failure to notice and/or repair the defective sidewalk led to her fall, in which she suffered a broken left hip and various other injuries.
Lukoff’s lawsuit listed separate charges of negligence against Outback Steakhouse in Jenkintown and Outback Steakhouse of Florida incorporated in Harrisburg, both OSI Restaurant Partners and Bloomin’ Brands in Tampa, Fla., along with Situs Properties, Inc. in Fort Washington.
Outback Steakhouse and Situs Properties, Inc. were later dismissed from the litigation.
The plaintiff is seeking jointly and severally, damages in excess of $50,000, plus interest, costs and other relief in this case.
The plaintiff is represented by Jason E. Fine of J. Fine Law Group, in Philadelphia.
The defendants are represented by Lee J. Janiczek of Reilly Janiczek & McDevitt, plus Laurianne Falcone and Spence of Marshall Dennehey Warner Coleman & Goggin, also all in Philadelphia.
Philadelphia County Court of Common Pleas case 150501363
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com