PHILADELPHIA – A Philadelphia judge has denied a motion for summary judgment in the case of an injured Philly Pretzel Factory store manager, who claims the retailer did not remedy defective conditions on its Gilbertsville store premises.
On April 29, Philadelphia County Court of Common Pleas Judge Abbe F. Fletman ordered that said motion from Philly Pretzel Factory and Soft Pretzel Franchise Systems, Inc. was denied. The pretzel-based business based defendants had filed their motion for summary judgment on March 4, in an attempt to have plaintiff Heather McGill’s lawsuit against them dismissed.
McGill, of King of Prussia, initially filed suit in the Philadelphia County Court of Common Pleas on May 10, 2018 versus Philly Pretzel Factory and Soft Pretzel Franchise Systems, Inc., both of Philadelphia.
“On or about May 22, 2016, while plaintiff Heather McGill was lawfully on the aforesaid premises working as the store manager, she sustained an injury as a result of a defective condition, which included defective construction, design, floor plan and layout of the aforesaid premises, coupled with defective policies and procedures implemented by defendants as the franchisor causing an unreasonably dangerous condition to exist,” the complaint read.
The plaintiff believes the defendants caused or permitted dangerous conditions to exist, defectively constructed and designed the structure and its interior, which created a dangerous condition and failed to remove the defective condition, plus other allegations. As a result, McGill suffered a right wrist injury and tear.
For a count of negligence, the plaintiff was seeking damages, jointly and severally, in excess of $50,000 and in excess of the arbitration limits of the Court, plus a trial by jury in this matter.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
The defendants are represented by Joseph G. McHale of William J. Ferren & Associates, in Philadelphia.
Philadelphia County Court of Common Pleas case 180500770
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com