PHILADELPHIA – Counsel for SugarHouse Casino have categorically denied it was negligent in causing a patron to be cut and wounded by the “sharp, broken and jagged” top to a beer bottle she was served on the premises.
According to a complaint answer filed by defense counsel Patrick J. Stapleton III and Christine C. McGuigan on March 17, many of plaintiff Susan McGee’s assertions were denied as conclusions of law to which no response was required. It was further argued the plaintiff herself was at least partially responsible for the accident which injured her.
“Plaintiff’s complaint fails to state a claim upon which relief may be granted and answering defendant reserves the right to move to dismiss plaintiffs’ complaint accordingly. Plaintiff’s complaint may be barred under the applicable statute of limitations. Plaintiff’s complaint is barred and/or limited by the terms and conditions of the Comparative Negligence Act for the Commonwealth of Pennsylvania,” the defense’s answer to the complaint read.
“If the plaintiff sustained any injuries and/or damages, then said injuries and/or damages were caused by the negligence of third parties over whom answering defendant exercised no right or power of control. In the event that it is determined that answering defendant was in any way negligent, the allegation of which is expressly denied, then it is further denied that said negligence was the proximate cause and/or substantial factor in bringing about the accident in question,” the answer continued.
SugarHouse further asserted a cross-claim against fellow defendants Anheuser Busch, Inc. C/T System and Anheuser Busch InBev Worldwide, Inc., claiming they were in fact responsible for the plaintiff’s injuries and should be financially responsible for paying damages if the plaintiff were to win her case.
McGee filed suit on Jan. 24 in the Philadelphia County Court of Common Pleas, against the Philadelphia-based defendants, in reference to an incident which occurred on Feb. 3, 2015.
“Plaintiff was severely wounded and cut by reason of coming into contact with the aforementioned dangerous and defective condition at the aforesaid location, causing plaintiff the injuries that form the basis of this action,” McGee’s complaint reads.
McGee alleges the defendants failed to inspect or repair the dangerous and defective condition or warn customers of same, and says she suffered cuts, contusions, abrasions, permanent scarring and disfigurement, plus numbness and tingling in her bottom lip (all of which required medical attention, as well as a tetanus shot), as a result.
The plaintiff is seeking damages, individually, jointly and severally, not in excess of the arbitration limit of $50,000, plus interest, attorney’s fees and costs of suit.
The plaintiff is represented by Justin M. Bieber of J. Bieber Law, in Philadelphia.
Defendant SugarHouse is represented by Stapleton and McGuigan, of Weber Gallagher Simpson Stapleton Fires & Newby, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170103353
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com