PITTSBURGH – A federal judge has ordered discovery proceedings will be extended in an action brought by a Scottdale plaintiff who allegedly suffered a broken left knee when visiting an Outback Steakhouse restaurant.
On Aug. 22 and subsequent to a motion from the defense, U.S. District Court for the Western District of Pennsylvania Judge Mark R. Hornak approved a motion to extend discovery deadlines in plaintiff Connie Sheraw’s action against Outback Steakhouse, according to the following deadline schedule:
Fact Discovery Completion: Sept. 26, 2019
Filing of Plaintiff’s Expert Reports: Oct. 29, 2019
Deposition of Plaintiff’s Experts: Dec. 27, 2019
Filing of Defendant’s Expert Reports: Nov. 29, 2019
Deposition of Defendant’s Experts: Dec. 27, 2019
Sheraw, of Scottdale first filed suit on Feb. 20, 2018, in the Allegheny County Court of Common Pleas, versus Bloomin’ Brands, Inc. (doing business as “Outback Steakhouse”) of Monroeville.
“On or about Feb. 9, 2017, at approximately 7:00 p.m., while on defendants’ premises, plaintiff was caused to slip and fall on a greasy substance and/or food material which was located near the kitchen, causing serious and permanent personal injuries,” the suit stated.
“As a direct and consequential result of the negligent and/or careless conduct of the defendants, described above, the plaintiff suffered various serious personal injuries in the following particulars: Left knee injuries including fracture; scrapes, lacerations, contusions and bruising. As a result of these injuries, all or some of which may be permanent in nature, and all of which are to plaintiff’s great financial detriment and loss; plaintiff has suffered and will continue to suffer great anguish, pain, sickness, agony and embarrassment,” the suit added.
In July 2018, Outback motioned to have the case removed to federal court, in the U.S. District Court for the Western District of Pennsylvania, where the action remains pending in preparation for trial.
For a count of negligence, the plaintiff is seeking damages in excess of $35,000, plus all costs and other relief.
The plaintiff is represented by Ryan M. Flaherty of Simon & Simon, in Pittsburgh.
The defendant is represented by Christopher E. Ballod and Lee Janiczek of Lewis Brisbois Bisgaard & Smith, in Pittsburgh and Wayne.
U.S. District Court for the Western District of Pennsylvania case 2:18-cv-00930
Allegheny County Court of Common Pleas case GD-18-001665
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com