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PENNSYLVANIA RECORD

Thursday, March 28, 2024

Philly plaintiff launches negligence lawsuit against bakery where she allegedly fell

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PHILADELPHIA – A Philadelphia plaintiff has sued a local bakery for negligence, after accusing it of creating a dangerous condition on its property and premises which injured her.

Judith Fitzpatrick of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on May 22 versus George Gouger, Elfreda Gouger and Holmesburg Bakery, LLC (doing business as “Holmesburg Bakery, Inc.”), also all of Philadelphia.

On Dec. 8, 2016, plaintiff Fitzpatrick was a customer of the Holmesburg Bakery located at 7933-7935 Frankford Avenue in Philadelphia, when due to the aforementioned defective and dangerous condition at the store entrance, was caused to fall and become severely injured.

The suit says the defendant failed to adequately inspect and warn of the defective condition, negligently created the dangerous and hazardous condition of the front steps, negligently covered up and obscured any premises warning signs to plaintiff and other business invitees and failed to contact or otherwise notify any other individual or entity who had responsibility for maintaining and/or correct the condition.

According to the lawsuit, Fitzpatrick said she sustained a right distal radius fracture requiring open reduction internal fixation, acute right ankle injury and right knee injury, plus a severe and permanent shock to her nervous system.

For negligence, the plaintiff is seeking damages against each defendant in excess of $50,000, plus interest and costs of suit.

The plaintiff is represented by Marshall E. Kresman of the Law Offices of Marshall E. Kresman, in Bensalem.

Philadelphia County Court of Common Pleas case 180502232

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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