James S. Selepeo sued D’Elegance Ent. Inc. for negligence and is asking the court for relief in general and special damages in an amount to be proven at trial, for judgment interest as allowed by law, for attorney’s fees and costs of suit and for other relief the court may deem proper.
The plaintiff, who worked for Pacific Trading Inc., said that on July 21, 2008, he was delivering soda to the defendant using a cart.
He said while pushing the cart inside the restaurant’s kitchen, he fell into an open hole that was obscured because of a metal cover.
He said as a result, he suffered severe pain from his shoulder to the lower back and he had to be transported to the Commonwealth Health Center for treatment.
The plaintiff said he also suffered and continues to suffer severe injuries, including bodily pain and various contusions, and loss of enjoyment of life.
The plaintiff said the defendant was well aware that there was a hole in the floor in its kitchen area, but with reckless indifference to the rights of its invitees including the defendant, took no precautions to warn him or make the kitchen area less dangerous.
The plaintiff said the defendant has a duty to maintain its premises in a safe condition.
He said the defendant breached this duty by carelessly constructing an open manhole where the plaintiff fell, for failing to post warning signs of the danger presented by the open manhole, for failing to warn the plaintiff of the danger presented by the unsafe conditions, for failing to maintain a safe kitchen area and for failing to close the open manhole.
The plaintiff’s lawyer was David Banes but his case was re-assigned to attorney Eric S. Smith.
Variety tried but failed to get a statement from the defendant yesterday.
