Ryan K. O’Connell v. Hardee’s Restaurants, LLC, et al

Case Background

On January 08, 2020, Ryan O’Connell filed a premises liability lawsuit, alleging negligence, after he slipped and fell after Hardee’s Restaurant failed to clear ice and snow from the parking lot. The case was filed in the Allegheny County Court of Common Pleas, Pennsylvania. Judge Alan D. Hertzberg [Case number: GD-20-001495]

Cause

On February 3, 2018, Ryan O’Connell slipped and fell on ice in the parking lot of a Hardee’s restaurant in Wheeling, West Virginia. Initially, O’Connell filed a lawsuit against multiple Hardee’s entities. However, after further investigation, his legal team identified Steeltown Investments, Hardee’s franchisee, as the property owner. As a result, the complaint was amended to name Steeltown Investments as the only defendant.

Injury

O’Connell was diagnosed with a labrum tear in his left shoulder. He also reported pain in his left hip, sciatica, and contusions in his left elbow and knee. The plaintiff completed a series of physical therapy sessions. He claimed that the ongoing pain in his shoulder and hip affected his daily activities, particularly those involving his son.

Damages

O’Connell sought compensation for lost wages and damages related to his past, present, and future pain and suffering caused by the Defendant’s negligence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ryan O’Connell
    • Counsel for Plaintiff(s): Paul G. Mayer Jr.
  • Defendant(s): Steeltown Investments
    • Counsel for Defendant(s): Tara L. Maczuzak

Claims

O’Connell claimed that Steeltown negligently allowed a hazardous condition to remain. His legal team argued that the restaurant owner failed to clear snow and ice from the parking lot.

Defense

The defense argued that restaurant employees routinely applied salt to the parking lot when necessary. They also claimed that O’Connell’s lack of caution and negligence contributed to the accident.

Jury Verdict

On September 17, 2024, the jury found that both Steeltown and O’Connell were negligent, which contributed to the plaintiff’s harm. The jury assigned 52% of the liability to Steeltown and 48% to O’Connell. As a result, O’Connell was awarded $80,000, which was reduced to $41,600. The award covered his past, present, and future pain and suffering.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com