PITTSBURGH – A Pittsburgh woman has settled litigation alleging she was seriously injured at a local sandwich restaurant because of the establishment’s negligence, when she fell down a set of stairs on the restaurant’s premises due to the presence of an unmarked step.
Sophia Smith of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Nov. 5, 2020 versus Primanti Brothers, also of Pittsburgh.
“On or about July 15, 2020, plaintiff was lawfully descending the stairs near the patio of the aforesaid premises. Suddenly and without warning – and as a direct result of a defective and/or dangerous condition of the stairs – plaintiff fell down an unmarked step, thereby causing her to 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 their agents, servants, workmen, employees and/or other representatives acting within the course and scope of the employment, agency and/or service for the same.”
The plaintiff said the defendant “carelessly and negligently allowing the aforesaid stairs to be kept in a dangerous condition for a prolonged period of time so as to cause injury to the plaintiff, more specifically failing to mark the steps to prevent fall injuries of the kind suffered by plaintiff.”
“As a result of the aforesaid negligence of the defendant, plaintiff suffered serious injuries, including, but not limited to, multiple torn ligaments in her left hand, as well as aches, pains, mental anxiety and anguish and a severe shock to her 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
Plaintiff counsel filed a praecipe on Aug. 20 noting that the case had been settled. Terms of the settlement were not disclosed.
“Kindly mark the above case settled and discontinued,” the praecipe stated.
Prior to settlement and for a count of negligence, the plaintiff was seeking damages in excess of $35,000, plus a trial by jury.
The plaintiff was represented by Adam D. Shorr and Anthony J. Giannetti of Swartz Culleton, in Pittsburgh.
The defendant did not obtain legal counsel.
Allegheny County Court of Common Pleas case GD-20-011476
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com