A dangerous staircase has led to a serious legal battle in Delaware County. On June 28, 2022, Blanda Fragier Dale filed a complaint against Vittles Food Court, LLC in the Court of Common Pleas of Delaware County, Pennsylvania, alleging negligence that resulted in severe personal injuries.
According to the complaint filed by Dale's attorney, Matthew J. Bilker from Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C., Dale was a business invitee at Vittles Food Court located at 801 Sproul Road in Chester, PA. The incident occurred when Dale purchased food and was exiting the premises to meet her daughter waiting in the parking lot. As she descended a short two-step staircase leading towards the exit of the building, she tripped and fell due to what she describes as a "dangerous condition" created by the staircase’s style and coloring combined with the flooring material. This combination allegedly made it extremely difficult to see the steps clearly or determine their number.
Dale's complaint asserts that Vittles Food Court had a duty to inspect and correct any defects on their property that could create or continue a dangerous condition. She argues that Vittles failed in this duty by not maintaining the two-step stairway and landing in a safe condition for invitees like herself. Furthermore, Dale claims that Vittles knew or should have known about this hazardous condition prior to her fall but did nothing to rectify it or warn guests adequately.
The lawsuit outlines multiple accusations against Vittles Food Court including failure to provide for the safety of business invitees; failure to properly inspect and maintain the stairway; failure to warn of the dangerous condition; and failure to take remedial measures despite having prior knowledge of the hazard. The complaint states: "The negligence and/or carelessness of [Vittles] consisted of...failure to adequately warn of the dangerous condition...including prominent use of contrasting colors on the nose of the steps."
As a result of her fall, Dale sustained significant injuries including an aggravation of a prior lumbar injury necessitating fusion surgery; lumbar radiculopathy requiring multiple epidural injections; left wrist and hand pain; bilateral knee pain; right chondromalacia patella requiring injections and physical therapy. She also claims ongoing pain and suffering along with mental anguish and loss of enjoyment of life.
Dale is seeking judgment against Vittles Food Court in an amount exceeding $50,000 plus interest costs and delay damages. Her attorney emphasizes that this amount reflects not only her medical expenses but also compensation for her continued physical distress and emotional suffering.
The case is being overseen by Judge [Judge's Name] under Case ID [Case ID]. Representing Dale is Matthew J. Bilker from Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander P.C., while Vittles Food Court's legal representation remains undisclosed at this time.