A delivery worker has filed a lawsuit against a homeowner, alleging negligence after being attacked by an unrestrained dog on the defendant's property. The complaint was filed by Wayne Booker in the Court of Common Pleas of Delaware County on August 13, 2024, naming Mariann Demaria as the defendant.
According to the court documents, on April 13, 2024, Wayne Booker was delivering a floral arrangement to Mariann Demaria’s residence at 608 Delores Drive in Broomall, Pennsylvania. While walking back to his vehicle after making the delivery, Booker was suddenly approached by an unleashed dog from the backyard of Demaria's property. In an attempt to flee from the aggressive canine, Booker fell and ruptured his Achilles tendon due to uneven ground conditions on the premises. He also sustained a bite on his arm during the incident.
The plaintiff claims that Demaria failed in her duty to maintain her property in a safe condition and to restrain potentially dangerous animals. "It was the duty of the Defendant to keep and maintain the residential premises...in a reasonably safe condition," states Booker's complaint. The document further accuses Demaria of several counts of negligence including allowing hazardous conditions like uneven walkways and failing to secure her dog properly.
Booker asserts that he suffered severe and permanent injuries as a result of this incident. These injuries include a ruptured right Achilles tendon requiring surgery, ongoing pain and suffering, mental anguish, and significant disruption to his daily life activities. He also anticipates future medical expenses and potential loss of earnings due to his inability to work during recovery.
The plaintiff is seeking judgment against Demaria for an amount exceeding $50,000. This includes compensation for medical expenses, lost wages, pain and suffering, and other related damages. The lawsuit emphasizes that Booker's injuries were solely caused by Demaria's negligence in maintaining her property and restraining her pet.
Representing Wayne Booker are attorneys Brandon A. Swartz and Natan M. Schwartz from Swartz Culleton PC law firm based in Newtown, PA.