MEDIA – Counsel for a Delaware County pizza restaurant is seeking to compel answers to discovery requests from a plaintiff of the Islamic faith, who alleged the restaurant sent her an order of food containing pork, which her religion prevents her from consuming.
Tiana Rhedrick of Eddystone first filed suit in the Delaware County Court of Common Pleas on May 5 versus Pat’s Pizza Ted’s LLC, of Holmes.
“When plaintiff ordered her food from Pat’s Pizza on Jan. 17, 2020, she specifically told the person taking her order by phone that she is not permitted to eat pork, nor has she ever eaten pork, as she has been of the Muslim faith her entire life. In fact, plaintiff emphasized said food restriction to the person taking her order at defendant’s place of business by advising said person how important this issue was to her,” the suit said.
“On said date, Rhedrick received her food that was delivered to her residence. After plaintiff began consuming said food, she realized her order contained pork. Rhedrick then called the restaurant, who in fact told plaintiff that they had given her the wrong order. Several minutes later, plaintiff became very ill, causing her to sustain serious personal injuries.”
The restaurant’s counsel filed an answer to the complaint along with new matter on June 2 denying the plaintiff’s complaint in its entirety, and asserting a litany of affirmative defenses against the claims of negligence and negligent infliction of emotional distress.
“Plaintiff’s claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act 42 Pa. C.S.A. Section 7102, which is applicable to the instant case,” according to the filing.
“Plaintiff’s claims are barred her own negligence, generally and in the following particulars: (a) In failing to advise defendant of an allergy; (b) Failing to be observant to the food she ordered therein existing; (c) Eating something without ascertaining if it was safe and prudent to do so; (d) In failing to be observant and attentive of the ingredients of the food then and there existing; (e) In failing to exercise that degree of due care and caution required of a prudent person under the circumstances then and there existing.”
The restaurant further asserted that the case was precluded by the applicable statute of limitations, the Pennsylvania Comparative Negligence Act and the affirmative defenses of failure of consideration and impossibility of performance, among others.
“Answering defendant was not negligent and breached no legal duty owed to the plaintiff. Plaintiff does not have any recoverable damages,” the filing stated.
UPDATE
Counsel for the restaurant filed a motion to compel discovery on July 22, seeking for Rhedrick’s attorney to comply with its discovery requests, including one for production of documents.
“Defendant’s interrogatories, supplemental interrogatories, and request for production were sent to the plaintiff’s counsel on June 3, 2021. On July 7, 2021, the defendant requested the plaintiff to comply with these discovery requests. The plaintiff has not answered said interrogatories, supplemental interrogatories, and has not responded to said request for production, objected to or filed for a protective order in conjunction therewith,” the motion to compel stated.
“The answers and responses sought by defendant contain necessary and relevant information and are reasonable in scope and nature. Further discovery and depositions cannot be initiated until the aforesaid interrogatories are answered. In order to have this case ready for arbitration and/or trial, it is necessary that the defendant receive the information requested in said interrogatories, supplemental interrogatories and requests for production.”
Defense counsel seeks an order compelling the plaintiff to respond to its discovery requests within 20 days, or be subject to sanctions from the Court.
For counts of negligence and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by James M.P. Turner Jr. of Furia & Turner, in Media.
The defendant is represented by Hugh Gillespie of the Law Office of Lester Weinraub, in Plymouth Meeting.
Delaware County Court of Common Pleas case CV-2021-004175
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com