On June 29, 2013, Plaintiff was descending the stairs at Sisters Serving Sisters Night Club in Philadelphia, Pa, when she slipped and fell, suffering a severely sprained ankle.  Reasons given for the cause of Plaintiff’s fall included:  “she missed the last two steps”; “she couldn’t walk due to a virus”; “her foot caught up in the loose carpet”; “she was bitten by an insect in Florida and was paralyzed”; “she drank 4-6 drinks prior to the fall”; “the steps were wet and slippery”; the lighting was “dim and poor”; “there was liquid on the steps”.  Ultimately, the court landed on the theory of a spill and wet stairway as the cause of Plaintiff’s fall.

In its memorandum opinion, the court held that as a business invitee at Defendant-Club, Plaintiff was owed the highest duty of care.  Therefore, the Club had an obligation to maintain the stairways and keep them safe for all patrons.  Furthermore, the Club had a heightened responsibility to monitor the stairs because patrons were required to use said stairs to access the restroom.  However, the court also found that an invitee has a duty to avoid a recognized hazard and Plaintiff, as a frequent patron, knew or should have known to hold onto the railing because of spills and for her own safety.  As such, the court found Plaintiff 10% liable.

In addition to claims against the Club, Plaintiff sought to hold the building owner personally liable for her injuries and damages.  Plaintiff attempted to pierce the corporate veil, but was unable to point to any of the factors necessary for piercing the corporate veil.  Accordingly, the court declined to do so.  Plaintiff also argued that Defendant-Owner should be personally liable predicated on a finding that he participated in tortious activity.  The court, citing to Wicks v. Milzoco Builders, Inc., 470 A.2d 86 (Pa. 1983), held that Corporate officers may not be held liable for mere nonfeasance.

Ultimately, the court awarded Plaintiff $112,500 against the Club, and nothing against the building owner.  Certainly, a frustrating result for the club, considering the myriad of reasons given for plaintiff’s fall, and also considering the modest injury.  Thanks to Hillary Ladov for her contribution to this post.  Please email Brian Gibbons with any questions.