PITTSBURGH – A McDonald’s franchisee says that a Pittsburgh man who was injured in its restaurant location when he slipped and fell on accumulated liquid, was responsible for his own injuries.
Richard Bruno of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Jan. 14 versus Lewandowski Limited Partnership, of Bethel Park.
“On or about Nov. 16, 2020, plaintiff, Richard Bruno, was lawfully on the aforesaid premises, walking into the restaurant, when suddenly and without warning – and as a direct result of a defective and/or dangerous condition of the premises – plaintiff slipped on a wet and/or slippery liquid substance that had accumulated on the floor of the premises, thereby causing him to fall and sustain various severe and permanent bodily injuries and losses,” the suit stated.
“The incident described in the preceding paragraphs of the within complaint was caused by the negligence and carelessness of the defendant, by and through its agents, servants, workmen, employees and/or other representatives acting within the course and scope of the employment, agency and/or service for the same, generally.”
The plaintiff alleged that in no manner did he contribute to his own injuries, which he adds were “the direct and proximate result of the defendant’s own negligence and/or carelessness.”
“As a result of the aforesaid negligence of the defendant, plaintiff suffered severe injuries, including, but not limited to, a broken left hand, concussion, eight stitches on his forehead, as well as aches, pains, mental anxiety and anguish, and a severe shock to his entire nervous system,” per the suit.
“As a further result of the aforesaid negligence of the defendant, plaintiff has or may have suffered injuries resulting in the serious and/or permanent loss of use of a bodily function, dismemberment, and/or scarring, which may be in full or part cosmetic disfigurements which are or may be permanent, irreparable and severe.”
UPDATE
The defendant filed an answer and new matter in the case on Feb. 26, denying his account and charging that Bruno was himself at fault in the occurrence of his own injuries.
“After reasonable investigation, the averments contained in paragraph 1 of the complaint are denied, as this defendant is without knowledge or information sufficient to form a belief as to the truth of these averments,” the answer read, in part.
“The averment contained in Paragraph 3 of plaintiff’s complaint state conclusions of law to which no response is required. In the event that a response is deemed to be required, said averments are denied.”
In new matter, the defendant offered a number of affirmative defenses.
“Plaintiff’s complaint fails to set forth a cause of action or claim for relief against this defendant. This defendant believes, and therefore avers, that plaintiff’s claims are barred or reduced by his failure to mitigate damages. There was not a dangerous or defective condition of the premises in question at any time relevant hereto,” per the new matter.
“The allegedly dangerous and/or defective condition of the premises, said condition(s) being specifically denied, was the result of actions and/or conduct of other parties or other entities, over which this defendant had no control. Any injuries and/or damages sustained by the plaintiff are the result of actions of plaintiff’s own actions, over which this defendant had no control or responsibility.”
According to the defendant, it hereby asserts the contributory and/or comparative negligence of Bruno as a complete defense to his claims, and further asserts the assumption of the risk of Bruno as a complete defense to his claims.
The plaintiff’s counsel responded with an answer that same day, denying the new matter as conclusions of law to which no official response was required.
For a count of premises liability negligence, the plaintiff is seeking damages in excess of $35,000, plus a trial by jury.
The plaintiff is represented by Anthony J. Giannetti of Swartz Culleton, in Pittsburgh.
The defendant is represented by Nadia V. Lazo of the Law Office of Cheryl Esposito Kaufman, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000478
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com