MEDIA — A refrigerator technician working at a Dairy Queen in Drexel Hill claims employees left a wet substance on the pavement which caused his ladder to slip.
Seamus S. Devine and Casey Devine filed a complaint Aug. 2 in Delaware County Court of Common Pleas against DQ on Main Street LLC doing business as Dairy Queen alleging negligence.
Devine, according to his suit, was working as a refrigeration technician at the Dairy Queen on Landsdowne Avenue in Drexel Hill on Aug. 11, 2020. He alleges that he needed to access the defendant's roof in order to complete his work when his ladder began to slip and caused him to fall approximately 20 feet to the ground.
He alleges that the defendant had no safety hinges on the top of the building and that just prior to his putting the ladder in the area, Dairy Queen employees had dumped buckets of a liquid substance in the same area.
Devine further alleges he was using a brand-new ladder with no defects. He claims Dairy Queen's negligence for failing to maintain and inspect its premises and for not correcting the exterior wet condition in a timely manner. Devine also claims Dairy Queen was negligent for failing to warn him of the danger or to properly supervise their employees. He alleges as a result of his fall, he suffered severe pain, mental anguish, lost earnings and incurred medical treatment expenses.
Devine seeks monetary relief of more than $50,000 and all other just relief. He is represented by James Newman, Jr., of Bernard M. Gross PC in Philadelphia.