PITTSBURGH – A Western Pennsylvania couple say they suffered a variety of injuries and associated damages when a waitress dropped a serving tray of food on top of the husband-plaintiff, during dinner on Christmas Eve two years ago.
Mark M. Retter Jr. and Frances J. Retter filed suit in the Allegheny County Court of Common Pleas on Nov. 30 versus Landry’s Restaurant, Inc. (doing business as “The Grand Concourse Restaurant and Lounge”) and The Grand Concourse. All parties are of Pittsburgh.
“On or about Dec. 24, 2018, the plaintiffs were business invitees in the defendant’s premises located at 100 West Station Square Drive, Pittsburgh, PA 15219. Defendants owned, co-owned, managed, co-managed, supervised, co-supervised, operated, co-operated, possessed, co-possessed, controlled, and/or co-controlled the premises located at 100 W. Station Square Drive, Pittsburgh, PA 15219,” the suit says.
“At the above mentioned time and place, plaintiff, Mark M. Retter, Jr. was sitting at a table at the restaurant on the premises when, suddenly and without warning, a waitress tripped and dropped a serving tray of food on him thereby sustaining injuries and damages.”
The plaintiffs say the negligence, carelessness, and/or recklessness of the defendants was the proximate cause of the subject incident.
“The injuries and damages set forth below were caused by and were the direct and proximate result of the negligence, carelessness, and/or recklessness of defendants in any or all of the following respects: In causing and/or permitting the dangerous, hazardous, and/or unsafe condition to exist on the subject premises; In failing to keep the premises in a safe condition for persons lawfully thereon,” according to the suit, in part.
“In failing to provide persons lawfully using the premises, specifically plaintiff, with a safe environment; In maintaining the premises in an improper manner or in employing personnel who were not sufficiently qualified to maintain the premises in a proper manner.”
Plaintiff Mark M. Retter Jr. says he suffered a sprained back, lower back pain/strain, right thigh pain/strain and a chipped tooth, requiring a root canal and crown.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the applicable arbitration limits, exclusive of interest and costs.
The plaintiffs are represented by Wayne M. Chiurazzi of Chiurazzi & Mengine, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012152
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com