PHILADELPHIA – A Philadelphia man who sued the landlord/bar owners located below his apartment for allegedly overserving him, prior to an accident he sustained walking upstairs that left him severely injured, has settled his case.
On Nov. 26, counsel for John Power and Trish Power filed a praecipe to mark the instant case as settled, discontinued and ended. Terms of the settlement were not disclosed.
The Powers, of Philadelphia, filed suit in the Philadelphia County Court of Common Pleas on July 18, 2018, versus Larisu Ltd., McKenna’s Bar and Susan McKenna of Philadelphia, plus Richard McKenna of Millville, N.J.
“On June 2, 2016, defendants Larisa Ltd., McKenna’s Bar, Susan McKenna and/or Richard McKenna, their agents, servants and/or employees, sold, supplied, furnished and/or provided alcoholic beverages to plaintiff, despite the fact that he was visibly intoxicated,” the suit stated.
“The sale, supply, furnishing and/or provision of alcoholic beverages to plaintiff, a visibly intoxicated person was in violation of applicable laws and regulations of the Commonwealth of Pennsylvania, and Pennsylvania Liquor Code, prohibiting said provision of alcoholic beverages by liquor license holders.”
On June 2, 2016, the lawsuit said plaintiff John Power left McKenna’s Bar in an intoxicated state and proceeded to walk up the common stairway leading to the apartments above the bar. The common stairway did not have an artificial light capable of providing a minimum of 1 foot candle (11 lux) at floors, landings, and treads, and the common stairway leading up to the apartments was allegedly in an unreasonably-dangerous condition and in great disrepair, the lawsuit said.
“As a direct and proximate result of the negligence of the defendants, Mr. Power fell down the steps, sustaining serious injuries, including, but not limited to, a concussion, head wounds, seven fractured right ribs, four left broken ribs, transverse process fracture, lumbar injury, small hemothorax; loss of blood requiring a transfusion, punctured lung, and underwent a tracheotomy,” the suit added.
In response, on July 25, 2018, defense attorneys filed preliminary objections to the defendants, looking to strike all averments from individual defendants Susan and Richard McKenna, strike the plaintiffs’ demands for punitive damages for lack of specific pleading, strike the application of joint and several liability among the defendants, strike selected paragraphs from Paragraph 35 for legal insufficiency, and, finally, dismiss the complaint for the failure to have a proper verification from the plaintiffs.
Prior to settlement and for each individual count of negligence, in addition to violating the Dram Shop Act and loss of consortium, the plaintiffs are seeking damages, individually, jointly and/or severally in excess of $50,000, as well as recovery of punitive and/or exemplary damages, costs and interest as is legally appropriate.
The plaintiffs were represented by Thomas D. Kenny of Kenny Burns & McGill, in Philadelphia.
The defendants were represented by Brian P. McGovern of Donnelly & Associates, in Conshohocken.
Philadelphia County Court of Common Pleas case 180503115
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com