PITTSBURGH – A man whose mother had an injurious fall at a local Italian restaurant nearly two years ago, which led her to suffer a broken hip and eventually die, has filed a wrongful death suit against the establishment.
Ernesto Contenti (as Administrator of the Estate of Esther Contenti, on behalf of Esther Contenti, on behalf of himself and Ana Maria Dalmastro as wrongful death beneficiaries and in his own right) filed suit in the Allegheny County Court of Common Pleas on Sept. 21 versus Pizza Roma Corporation (doing business as “Roma Italian Restaurant”). Both parties are of Pittsburgh.
According to the lawsuit, the events in question took place on Oct. 8, 2020.
“The booths at the Roma Italian Restaurant, including the booth at which plaintiffs were seated, are elevated booths. Specifically, the booth floor, or platform, is raised from the restaurant floor. Consequently, a patron has to step up to enter the booth-seating area, and then has to step down from the booth floor to leave or go to the bathroom. There were no signs or other warnings on the booth table or on the flooring warning plaintiff and plaintiff’s decedent of the step-down from the booth to the restaurant floor,” the suit said.
“There were no color strip markings or any other kind of markings on the restaurant or booth or flooring to clearly distinguish the booth platform from the restaurant floor below. There were no floor lights on the booth platform or on the restaurant flooring to warn or distinguish or light the different-leveled surfaces of the booth platform and the restaurant floor. The defendant did not otherwise warn plaintiff or plaintiff’s decedent of the elevated booth.”
The suit adds the plaintiffs had never sat in a booth at the restaurant on any prior occasion.
“After plaintiff’s decedent and plaintiff were seated at the booth for a few minutes, an employee of the defendant requested that the plaintiff’s decedent and plaintiff exit the booth so it could be cleaned. Said employee gave no warning regarding the elevated step of the booth. Plaintiff’s decedent exited the booth and missed and/or did not negotiate the raised step due to the negligence of the defendant causing her to fall and suffer a left hip fracture (closed intertrochanteric fracture of the left hip) and subsequent death,” the suit states.
“On the aforesaid date and time, defendant caused to exist and/or permitted to exist an unreasonable risk of harm to its invitees posed by the above-described elevated booths. Prior to this incident, defendant had constructive and/or actual notice of the unreasonable risk of harm to its invitees created by the above-described elevated booth. At all times relevant hereto, defendant was acting by and through its servants, agents and employees, who were then and there engaged upon the performance of their duties, within the scope of their employment and upon the business of the defendant.”
For counts of premises liability negligence, survival, wrongful death and negligent infliction of emotional distress, the plaintiff is seeking judgment and damages in excess of the jurisdiction of the Board of Arbitrators of the Court.
The plaintiff is represented by Marc J. Reiter of the Law Offices of Marc J. Reiter, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-011877
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com