MEDIA – A Philadelphia woman alleges that a Lansdowne seafood restaurant negligently allowed a sidewalk outside its premises to deteriorate and fall into disrepair, which caused her to fall and become seriously injured during a visit almost two years ago.
Jacqueline Ross filed suit in the Delaware County Court of Common Pleas on June 5 versus Off The Hook Philly, LLC (doing business as “Off The Hook Seafood & Grill”, “Off The Hook” or “Off The Hook Seafood”) of Lansdowne, Demetris D. Papaioannou of Media and John Doe.
“On or about Aug. 13, 2021, at or about 12 p.m., plaintiff Jacqueline Ross was a lawful pedestrian and business invitee traveling on an abutting exterior sidewalk and/or curb area of ‘Off the Hook Seafood & Grill’ restaurant located at or near 629 East Baltimore Avenue, Lansdowne, PA 19149. At all times material hereto, defendants, jointly and/or severally owned, leased, operated, maintained, controlled, possessed, warranted, and/or managed the property, including the sidewalk and/or curb area and/or landscaping fixture(s) located at or near the premises,” the suit says.
“Based upon information and belief, the defendant, on or about Aug. 13, 2021, at or about 12 p.m., defendants, Off The Hook Philly and/or John Doe, was/were the owner/landlord in possession and control of the subject premises. Based upon information and belief, the defendant, on or about Aug. 13, 2021, at or about 12 p.m., defendant Demetris D. Papaioannou and/or John Doe, was/were the owner/landlord in possession and control of the subject premises.”
The suit adds that at the given time, the defendants “carelessly, and negligently allowed hazardous, dangerous, negligent and/or defective conditions, to wit: A sidewalk and/or curb area and/or landscaping fixture(s) in disrepair with elevated and descending unlevel areas and loose landscaping stones and concrete blocks creating tripping conditions to exist and remain on/of the premises’ sidewalk and/or curb area and/or landscaping for an unreasonable amount of time.”
“On or about Aug. 13, 2021, at or about 6 p.m., plaintiff Jacqueline Ross, a lawful pedestrian and business invitee was walking carefully on the premises sidewalk and/or curb area and/or landscaping fixture(s) when suddenly and without warning and/or notice, plaintiff, was caused to trip, stumble and/or fall to the ground by reason of plaintiff coming into direct contact with the aforementioned hazardous, dangerous, negligent and/or defective conditions crated by the carelessness and negligence of the defendants, jointly and/or severely, thereby causing plaintiff to trip, stumble and/or fall to the ground and sustain serious, painful and permanent personal injuries and damages, more particularly hereinafter described,” the suit states.
“As a result of the negligence and carelessness of the defendants, jointly and/or severally causing plaintiff’s subject fall as aforementioned, plaintiff Jacqueline Ross sustained multiple injuries, including, but not limited to: Acute right wrist sprain/strain; acute right-hand sprain/strain; acute right knee contusion; acute left knee contusion; post-traumatic right ankle; post-traumatic anterior ankle impingement; acute knee instability; synovitis and tenosynovitis; post-traumatic peroneal tendonitis; left knee injury; right knee trauma; left knee trauma; gait disturbance; post traumatic lumbar pain; post traumatic; injury to hands and fingers; as well as other injuries to her head; bones; cells; tissues; nerves; muscles and functions; and shock and injury to her nerves and nervous system, some or all of which plaintiff has been advised are or may be permanent in nature.”
For multiple counts of negligence, the plaintiff is seeking damages not in excess of the jurisdictional amount requiring submission to arbitration.
The plaintiff is represented Simon T. Haileab and Robert S. Miller of Wapner Newman, in Philadelphia.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2023-004720
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com