PITTSBURGH – A Scottdale plaintiff who allegedly suffered a broken left knee when visiting an Outback Steakhouse restaurant nearly four years ago has settled her litigation against the popular chain.
Connie 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.”
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.
UPDATE
Following more than two years of additional litigation, U.S. District Court for the Western District of Pennsylvania Judge Mark R. Hornak announced that the case had been settled on Nov. 20.
“This action has been resolved and the only matter remaining to be completed is the submission of a stipulation for dismissal. It is hereby ordered that the Clerk mark the above-captioned action closed. It is further ordered that the Court expressly retains jurisdiction of this matter to consider any issue arising during the period when such stipulation is being finalized, including but not limited to enforcing any settlement,” Hornak said.
On Dec. 10, Sheraw’s counsel filed a praecipe to settle, discontinue and the case. Terms of the settlement were not disclosed.
“Kindly mark the docket as settled, discontinued and ended as to all parties,” the praecipe read.
Prior to settlement and for a count of negligence, the plaintiff was seeking damages in excess of $35,000, plus all costs and other relief.
The plaintiff was represented by Marc I. Simon and Ryan M. Flaherty of Simon & Simon, in Pittsburgh.
The defendant was 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