MEDIA – An Upper Darby hookah lounge and its owner have denied responsibility for injuries a Florida woman claims she sustained, when she was allegedly and violently assaulted by members of its staff.
Wisline Paul of Sunrise, Fla. first filed suit in the Delaware County Court of Common Pleas on March 12 versus SA Cafe and Lounge and Innocent Onwubiko of Upper Darby, plus Kharell Scott-Patterson and Khalil Scott-Patterson, of Philadelphia.
“On or about March 13, 2021, at approximately 11:15 p.m., plaintiff Wisline Paul, was at defendants’ place of business, SA Cafe and Lounge at 48 Garrett Road, Upper Darby, PA 19082, as a customer and business invitee. Plaintiff, Ms. Paul, was at the defendants’ Cafe and lounge along with two friends for the purpose of socializing with her friends. When plaintiff and her group arrived at defendants’ place of business, they were seated at a table and were served drinks and a Hookah,” the suit said.
“Plaintiff and her group were enjoying themselves at their table when suddenly and without warning, a staff member, employee, workman, servant and/or agent of defendants SA Cafe and Lounge and Onwubiko, acting as security personnel, approached the plaintiffs table and acting in the scope and course of his employment, demanded that plaintiff and her associates leave the premises. Plaintiff and her friends had engaged in no disruptive behavior and were merely seated at a table when, without cause or justification, it was demanded that they leave. Additional staff, employees, security personnel, workmen and/or agents of defendants SA Cafe and Lounge and Onwubiko, came to plaintiff’s table and by force, removed plaintiff and her associates from the premises.”
The suit added that defendants Khalil and Kharell Scott-Patterson, on information and belief, were among defendants’ SA Cafe and Lounge and Onwubiko’s staff, acting on behalf of their employer, and were involved in the aforementioned incident.
“Plaintiff was grabbed, pushed, touched and violently forced by various staff, employees, workmen, servants and/or agents of defendants SA Cafe and Lounge and Onwubiko, from the premises and onto the sidewalk outside of defendants’ business establishment, causing her to fall and suffer injuries as described herein,” the suit stated.
“Plaintiff suffered damages, including but not limited to, bruising, abrasions, injuries of the spine, muscles and ligaments, past and future pain and suffering, past and future mental anguish, past and future humiliation, past and future embarrassment, past and future medical expenses, past and future personal expenses, past and future loss of wages, past and future loss of earning capacity, loss of life’s pleasures, and injuries, damages and consequences of which plaintiff has no present knowledge, and damages as set forth in greater detail in plaintiff’s medical records.”
UPDATE
Counsel for SA Cafe and Lounge and Innocent Onwubiko filed an answer and new matter in the case on June 21, denying responsibility for the events at issue and redirecting liability for the plaintiff’s injuries to defendants Khalil Scott-Patterson and Kharell Scott-Patterson, through a cross-claim.
“Plaintiff’s complaint fails to state a cause of action upon, in whole or in part, upon which relief can be granted against answering defendants. Whatever injuries or damages, if any, were sustained by the plaintiff as averred in plaintiff’s complaint were or may have been caused, in whole or in part, or were contributed to by pre-existing or subsequent medical and/or psychological conditions. Plaintiff’s injuries, to the extent that they exist as alleged, are solely the result of plaintiff’s own negligence. Plaintiff’s claims may be barred or diminished in accordance with the Pennsylvania Comparative Negligence Act. Plaintiff may have failed to mitigate her injuries and/or damages,” per the new matter, in part.
“The conduct of the plaintiff may be the proximate cause of her injuries and damages alleged in the plaintiff’s complaint. Some or all of plaintiff’s alleged injuries may be a result of pre-existing or non-incident related conditions. Plaintiff may have assumed the risk of all injuries, which limits and/or bars all claims. Answering defendants’ conduct was reasonable at all times. Answering defendants were not negligent in any manner. Any acts or omissions of answering defendants alleged to constitute negligence, carelessness and/or recklessness, were not substantial or factual causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged to have been sustained by the plaintiff. The incident, injuries and/or damages claimed to have been sustained by the plaintiff was not proximately or factually caused by answering defendants.”
For counts of negligence, vicarious liability, negligent hiring and retention, assault and battery, the plaintiff is seeking, jointly or severally, compensatory and punitive damages not in excess of $50,000, exclusive of interest and costs, for arbitration purposes only, plus such further relief as this Honorable Court deems just, including, but not limited to, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238.
The plaintiff is represented by Robert F. Datner of The Datner Firm, in Lansdowne.
Defendants SA Cafe and Lounge and Innocent Onwubiko are represented by Paul B. Alexander of Thomas Thomas & Hafer, in Philadelphia.
Delaware County Court of Common Pleas case CV-2023-002144
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com