Judith Posz v. Quality Restaurant Group LLC d/b/a Pizza Hut

Case Background

On June 29, 2022, Plaintiff Judith Posz filed a Premises Liability lawsuit in the Indiana State, Superior Court of Shelby County (Case number: 73D01-2206-CT-16). Judge Raymond K. Apsley presided over the case.

Cause

On December 3, 2021, Judith Posz visited the Pizza Hut located at 1636 IN-44 in Shelbyville, Indiana, as a guest and invitee. Laodice 1101 LLC owned the property, and Quality Restaurant Group LLC operated the restaurant under the Pizza Hut brand. Both defendants conducted business in Indiana at the time of the incident. Posz, a resident of Shelbyville, sustained injuries due to a hazardous condition on the property’s sidewalk.

Injuries

The hazardous sidewalk condition at the Pizza Hut caused Posz to suffer personal injuries, leading to significant pain and suffering. She required extensive medical care, including treatment at hospitals, from physicians, and by medical technicians. Her treatment involved diagnostic x-rays and medication. The severity of her injuries suggested that she may need ongoing medical care.

Damages

The injuries resulted in substantial financial costs for Posz’s medical treatment, both initially and for potential future care. She incurred various medical expenses and anticipated additional costs as her condition progressed. In addition to the quantifiable expenses, Posz endured considerable pain and suffering. While her complaint did not specify an exact amount for damages, she sought compensation to cover her current and future medical needs in a Premises Liability lawsuit.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Judith Posz
    • Counsel for Plaintiff: Kellie C. Clark | Andrew J. Verhonik

 

  • Defendant(s):Quality Restaurant Group LLC d/b/a Pizza Hut
    • Counsel for Defendants: Jeremy M. Dilts

Claims

Posz’s legal claims focused on the defendants’ negligence. She alleged that they failed to meet their duty of care by not properly inspecting the premises for dangerous conditions, failing to warn visitors of known hazards, and neglecting to maintain a safe environment. Posz claimed the defendants knew or should have known about the hazard and failed to correct it. The negligent actions were allegedly carried out by the defendants’ employees while performing their duties.

Defense

Quality Restaurant Group LLC admitted certain facts but denied most of the allegations in Posz’s complaint. The company acknowledged that it operated the Pizza Hut location and recognized Posz as a guest on the day of the incident. QRG also admitted its duty to exercise reasonable care in managing the premises but denied any negligence and disputed the extent of Posz’s injuries and damages. For specific claims, including Posz’s residence and medical expenses, QRG asserted insufficient knowledge to confirm or deny.

QRG presented several affirmative defenses. The company argued that Posz’s claims failed to establish a basis for relief. It contended that Posz’s own negligence contributed to or entirely barred her claims. A central defense was the argument that Posz failed to recognize an open and obvious hazard. QRG also argued that Posz did not mitigate her damages and sought to offset any compensation by pointing to collateral source payments, preventing Posz from recovering twice for the same damages.

Jury Verdict

On July 10, 2024, the jury delivered its verdict in Judith Posz’s case against Quality Restaurant Group LLC. The jury assigned 0% fault to the plaintiff, Judith Posz, and 100% fault to the defendant, Quality Restaurant Group LLC. They awarded $200,000 in total damages to Posz in a Premises Liability lawsuit.

Court Documents:

Available Upon Request