Plaintiff's broken neck and torn rotator cuff due to school cafeteria floor, lawsuit says

By Nicholas Malfitano | Feb 10, 2017

MEDIA – A Darby woman alleges a school district’s negligence in permitting a dangerous condition to exist in one of its building’s cafeterias was the cause of her falling and becoming seriously injured.

Angela Smith filed suit on Feb. 1 in the Delaware County Court of Common Pleas, against William Penn School District of Landsdowne and Colwyn Elementary School of Darby.

“On Dec. 22, 2015, plaintiff [Angela] Smith was a business invitee, lawfully and properly on the premises. After entering the premises at the cafeteria door, plaintiff was caused to slip, stumble, trip and/or fall as the result of a dangerous and defective condition caused by defendants’ negligent maintenance of the entranceway and defective conditions of the area and floor,” the complaint reads.

“The defect in question was the creation and allowance of an unreasonably dangerous path in the entranceway, due to, wet and slippery floors and a dangerous layout, necessitating anyone who wished to enter to navigate off the mat and onto the wet linoleum surface, thereby creating a reasonably foreseeable risk of the kind of injuries suffered by plaintiff,” the complaint adds.

Smith says the defendant’s negligence in not repairing these conditions was the direct and proximate cause to this matter, and further claimed to have sustained a broken neck, left rotator cuff tear and other injuries in the accident.

The plaintiff is seeking damages in excess of $50,000, and other relief.

The plaintiff is represented by Andrew R. Spirt of Golomb & Honik, in Philadelphia.

Delaware County Court of Common Pleas case 2017-001200

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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