LANCASTER – Attorneys for a local Best Western resort intend to pursue a judgment of non pros, in a Parkesburg couple’s lawsuit that the hotel was negligent in using an elevated platform stage without railings and caused one of the plaintiffs to fall from the platform and suffer a multitude of injuries.
Daniel K. Williams and Baleria L. Williams of Parkesburg first filed suit in the Lancaster County Court of Common Pleas on March 8 versus Thirty, Inc. (doing business as “Eden Resort & Suites” and/or “Best Western Eden Resort”), of Lancaster.
“On April 27, 2019, at approximately 6:30 p.m., plaintiff, Daniel Williams was then and there lawfully on the defendant’s premises as a guest and business invitee, giving a speech on a ‘rail-less’ stage in the ‘Chrystal 1’ room – to an organization called ‘Women Destined for Change’, when he thereafter completed said speech, took a few steps back away from the podium and fell off the stage, resulting in severe and permanent personal injuries, all to his great detriment and loss,” the suit stated.
“On or about said date and time of this incident, the defendant was negligent and careless in allowing guests, invitees, patrons, customers and users of their facilities, such as plaintiff and the organization he was then and there addressing, to use an elevated stage/platform without railings, and/or a least to ensure that said stage/platform was placed against the back wall eliminating said dangerous space/drop-off; said failure to do so – resulting in the severe and permanent personal injuries of the plaintiff as aforesaid.”
The plaintiffs alleged the defendant was negligent on several grounds in causing Daniel’s injuries.
“As a direct and proximate result of the negligence and carelessness of the defendant, plaintiff suffered serious and permanent injuries, including but not limited to, A complete tear of the right triceps tendon, resulting in surgical intervention, recovery and an intensive regimen of physical therapy, neck injuries, along with emotional, mental and physical distress, embarrassment and humiliation, scarring and disfigurement, and a permanent shock to his nervous system, along with a permanent loss of a bodily function, all of which have caused him and will continue to cause him great pain and agony and have prevented him and will continue to prevent him in the future from attending to his daily duties and occupation, all to his great financial damage and loss,” per the suit.
UPDATE
Defense counsel filed a notice of intent on July 26 to seek judgment of non pros.
“Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you 30 days from the date of the filing of this notice if Certificates of Merit are not filed as to defendants, Nicole Young, L.P.N. and Maxim Healthcare Services, Inc. (identified as Maxim Healthcare Service), as required by Pa.R.C.P. 1042.3,” the notice stated.
“I am serving this notice on behalf of defendants, Nicole Young, L.P.N. and Maxim Healthcare Services, Inc. (identified as Maxim Healthcare Service). The judgment of non pros will be entered as to the following claims: Any and all claims against defendants, Nicole Young, L.P.N. and Maxim Healthcare Services, Inc.”
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, plus costs, delay damages and interest to be determined at the time of trial.
The plaintiffs are represented by Thomas D. Houghton of Tom Houghton Law, in Lancaster.
The defendant is represented by Heather A. Tereshko of Post & Schell, in Philadelphia.
Lancaster County Court of Common Pleas case CI-21-01388
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com