WABASH CO. – America as a litigious society continues to move forward, as one after another, Person A sees an opportunity to get from Person B what Person B has worked for so hard all their lives, and all because of Person A’s irresponsibility or other negligence in one way or another…as well as the tendency to blame everyone but oneself.
This may have been the case in Wabash County lately, where a lawsuit has been filed against the county’s only McDonald’s restaurant in Mt. Carmel after an incident occurred last year in April.
Filed on April 9, the plaintiff in the case, Ruth Ann Hering, said that on April 25, 2017, she parked in the handicapped-parking space on the west side of McDonald’s, located at 111 East Ninth in Mt. Carmel.
She said that she proceeded around the rear of her vehicle to the passenger side front door to assist her elderly stepfather in exiting the vehicle, and as she approached the car door, she tripped on an uneven surface, causing her to lose her balance and fall.
So she claims that McDonald’s “owed a duty” to her to “exercise ordinary care to see the premises was reasonably safe for the use of those lawfully on the property.”
In further explanation of how it was McDonald’s fault and not hers for not noticing an “uneven surface” on their parking lot (which are notoriously “uneven,” regardless of how much pavement, asphalt or other substance is used to create them), she claims that McD’s permitted an uneven surface to be present on the parking lot in the handicap accessible parking places; failed to repair the uneven surface of the parking lot; failed to warn her of the uneven surface of the parking lot; failed to post barricades to prevent customers from traversing the area of the parking lot that was uneven; knew or should have known of the unreasonable risk of harm the uneven surface posed to persons walking on it; and failed to maintain the parking lot surface in a reasonable state of repair when it knew or reasonably should have know that customers would be walking on it.
Hering states in the filing that she tripped, lost her balance and fell, striking her head, and as a result of that, she suffered permanent, disabling, and disfiguring injuries to various parts of her body, including an indentation to her skull and a permanent scar to her forehead. She claims she’s suffered pain and disability, and wants McD’s to cough up a judgment in an unspecified amount but in excess of $50,000.
McD’s, which for years has been one of the prime locations for young people to get their “first job” and which has enjoyed the gathering of the elderly in the past several years as the go-to coffeeshop in Mt. Carmel since Hadley’s burned down, was served their summons on April 26, so as of press time (May 13), there’s been no setting in Wabash County civil court yet made.
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