In a gripping legal battle that could set a precedent for premises liability, a couple has filed a lawsuit against the operators of a McDonald's restaurant in Upper Darby, Pennsylvania. The complaint was lodged by Katrina and Alfonso Dashiell on November 8, 2024, in the Court of Common Pleas of Delaware County against Doane Family Enterprises, LP, RAMR Enterprises, LLC, and other unnamed entities.
The plaintiffs, Katrina and Alfonso Dashiell, allege that on December 24, 2022, Katrina suffered severe injuries due to a slip-and-fall incident at the McDonald's located at 1891 S. State Road. According to the complaint, the fall was caused by an accumulation of water or another liquid on the bathroom floor—a condition they claim was known or should have been known by the defendants. "The defendants knew or should have known of the existence of the aforementioned defects," states the lawsuit. The Dashiells accuse Doane Family Enterprises and RAMR Enterprises of negligence for failing to maintain safe premises and warn patrons about hazardous conditions.
Katrina Dashiell's injuries are described as severe and include a bucket handle tear lateral meniscus requiring surgery, a nondisplaced fracture of her right femur's lateral condyle, tendinopathy of her right rotator cuff, and acute deep vein thrombosis (DVT) in her right lower extremity. These injuries have led to significant medical expenses and loss of earnings due to her inability to work. Furthermore, she claims that these injuries have resulted in permanent disfigurement and ongoing physical pain and mental anguish.
The plaintiffs seek judgment against all defendants for damages exceeding $50,000 each for multiple counts related to negligence. In addition to compensation for medical expenses and lost wages, they demand reparations for pain and suffering endured by Katrina Dashiell. Her husband Alfonso is also claiming damages for loss of consortium due to his wife's incapacitation.
Representing the plaintiffs are attorneys Howard C. Pressman and David R. York from Pressman, Doyle, Bloom & York law firm based in Milmont Park, PA. The case has been assigned Case ID NO., with proceedings expected to unfold under the jurisdiction of Delaware County's judicial system.