MEDIA – A Delaware County man claims that mopping liquid left on a set of stairs at a local restaurant by one of its employees, led him to fall on those same stairs and sustain serious and significant injuries.
Matthew Titus of Glenolden filed suit in the Delaware County Court of Common Pleas on Feb. 10 versus A Taste of Key West Morton, LLC of Morton, A Taste of KeyWest, LLC of Ridley Park, plus Ann Eve Dougherty and George Dougherty (doing business as “A Taste Of Key West”), both of Wallingford.
“On April 19, 2019, plaintiff was within the subject property for a business purpose benefitting the defendants and was therefore a business invitee and/or business visitor and was owed the highest duty of care by the defendants,” the suit says.
“At this time, plaintiff was traversing the interior of the subject property when suddenly and without warning, plaintiff was caused to slip on stairs due to the presence of mopping liquid which was left unattended on the subject stairs, which condition was caused by a female employee, agent, and/or ostensible agent, who had been mopping the floor, but who had also informed plaintiff that the stairs and floor were dry. As a result, plaintiff was caused to fall onto the stairs and sustain serious and permanent injuries.”
The suit claims that the defendants were solely responsible for the incident and failed to utilize any warning signs, or any other warning device to notify and warn anyone at the subject property of the significantly dangerous and defective condition.
“As a direct and proximate result of the negligence and carelessness of the defendants, as aforesaid, plaintiff was caused to sustain serious and permanent injuries in, on and about his person, including but not limited to injuries to his back, ribs, shoulders, torso, arms and psychological and emotional injuries, together with various other injuries, the exact extent of which are unknown at this time, but which are of a permanent nature,” per the suit.
“All of plaintiff’s injuries cause disabilities and loss of function, which have caused and will continue to cause a great deal of embarrassment, humiliation, pain, suffering, agony, inconvenience, and which are permanent in name and character, a claim for all of which is herein made.”
For a count of negligence, the plaintiff is seeking damages, jointly and/severally, in excess of $50,000, and in excess of the prevailing limits of arbitration, plus interest, costs and compensation for delay, plus a trial by jury.
The plaintiff is represented by Justin M. Bernstein of Kenneth R. Schuster & Associates, in Media.
The defendants have not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2021-001548
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com