PHILADELPHIA – Longhorn Steakhouse is looking to have the case of a New Jersey man who says he became ill and injured from allegedly being served shards of a broken plate at their location in Hamilton Township, N.J. removed to federal court.
Defense counsel Louis Hockman filed a notice of removal on March 21 in the Philadelphia County Court of Common Pleas, on behalf of defendants Darden Restaurants, Inc. (doing business as Longhorn Steakhouse) and RARE Hospitality Management, LLC, both with principal places of business in Florida.
Hockman cited complete diversity of citizenship between the defendants and plaintiff Walter Kaminskas of Trenton, N.J., in addition to the amount of damages in dispute being likely to exceed the Court’s jurisdictional limits, in filing the motion to remove the case to the U.S. District Court for the Eastern District of Pennsylvania.
Kaminskas first filed suit on Feb. 20 in the Philadelphia County Court of Common Pleas, versus Darden Restaurants and RARE Hospitality Management (who he then named as being listed in Hamilton Township, N.J.)
“On or about Jan. 2, 2017, at approximately 8:15 p.m., while on defendants’ premises, plaintiff was served and caused to consume unsanitary, or otherwise unhealthy substance, shards of broken plate within a bowl of rice, by defendants individually, jointly, severally, themselves and/or through their agents, servants, franchises, workmen and/or employees, causing serious and permanent personal injuries on account of which this action is brought,” the suit states.
“As a direct and consequential result of the negligent and/or careless conduct of the defendant, described above, the plaintiff suffered various serious and permanent personal injuries, serious impairment of bodily function and/or permanent serious disfigurement and/or aggravation of pre-existing conditions, and others ills and injuries, all to plaintiff’s great loss and detriment,” the suit adds.
For not properly preparing the food according to the state health code and a related a count of negligence, the plaintiff is seeking damages in excess of $50,000, plus all costs and other relief.
The plaintiff is represented by Marc I. Simon of Simon & Simon, in Philadelphia.
The defendants are represented by Hockman of Mintzer Sarowitz Zeris Ledva & Meyers, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:17-cv-01267
Philadelphia County Court of Common Pleas case 170204502
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com