By Nicholas Malfitano | Aug 2, 2018


PHILADELPHIA – A painter working at the premises of a restaurant in the East Falls neighborhood of Philadelphia claims an employee opened an awning and knocked him off the ladder he was working on, causing him to fall and break his leg in multiple places.

Thomas Thompson of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 26 versus Marty, Inc., LeBus Bistro, David Braverman, Indian Queen Investors, LP and Patricia Metzner, also all of Philadelphia.

“On or about May 5, plaintiff Thomas Thompson, was lawfully working at the above captioned premises, painting the exterior of the premises. Plaintiff was on a ladder, when suddenly and without warning, a closed awning was opened by defendants’ employee, pushing the ladder away from the wall and causing plaintiff to fall to the ground suffering serious and permanent injuries,” the lawsuit says.

This incident was a result of the defendants allegedly not maintaining safe premises, allegedly being aware of safety issues at the LeBus Bistro premises but not inspecting or repairing them and failing to make a reasonable standard of care, among other issues.

Thompson suffered multiple complex fractures of the left leg requiring surgery with hardware installation, deformity, scarring, dysfunctions, impairments, serious and permanent impairments of body or bodily functions, pain and trauma to various parts of the body and/or psyche including torn meniscus, injuries to the back, spine and or other parts of the body, trauma, restrictions on range of motion and function, pain and suffering and or other injuries.

For five individual counts of negligence against each defendant, the plaintiff is seeking damages in a sum in excess of $50,000, plus interest, costs, delay damages and punitive damages, under Pennsylvania Rule of Civil Procedure 238.

The plaintiff is represented by Richard W. Johnson of Wilson & Johnson, in Newtown.

Philadelphia County Court of Common Pleas case 180703066

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

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