In a gripping legal battle that underscores the importance of safety in public spaces, a couple has taken action against a popular restaurant chain, claiming negligence led to severe injuries. On December 11, 2024, Deborah Lustig and her husband Mark Lustig filed a lawsuit in the Court of Common Pleas of Delaware County against Barnaby’s of Havertown, Inc., also known as Barnaby’s Havertown, and Barnaby’s of America, Inc.
The plaintiffs, Deborah and Mark Lustig from Runnemede, New Jersey, allege that on May 6, 2023, Deborah suffered serious injuries at Barnaby's Havertown location due to inadequate lighting on a stairway. According to the complaint filed by their attorney James M.P. Turner Jr. from Furia and Turner LLC, Deborah was attending a family gathering at the restaurant when she was directed by an employee to use a dimly lit stairway without any markings on the steps. As she descended into darkness, she missed a step and fell, resulting in multiple severe injuries including head trauma and exacerbation of pre-existing conditions.
The lawsuit accuses Barnaby's establishments of failing to ensure customer safety by not providing adequate lighting or marked steps on their premises. The complaint details numerous allegations against the defendants for negligence such as "failing to maintain their store in a reasonably safe condition" and "acting in disregard of the rights and safety" of patrons like Deborah Lustig. The Lustigs argue that these oversights violate various safety standards and laws intended to protect individuals from harm.
Deborah Lustig claims her injuries have caused ongoing physical pain and emotional distress while impacting her ability to work and enjoy daily activities. Her husband Mark seeks damages for loss of consortium due to his wife's incapacitation following the incident. Together they demand compensation exceeding $50,000 for each count filed against Barnaby's entities as well as unnamed John Doe corporations potentially involved in managing or maintaining the property.
Represented by James M.P. Turner Jr., Esquire from Furia and Turner LLC based in Media, Pennsylvania; this case is being overseen under Case ID: No.: CV2024010842. The lawsuit emphasizes accountability within businesses operating public venues where customer safety should be paramount.