BRENTWOOD — The Stumble Inn Bar and Grill has asked a judge to dismiss a lawsuit brought by a customer who claims she was injured when she fell in the doorway of the Londonderry restaurant while two men were having a scuffle.
In court documents filed Monday, 20 Rock LLC, which does business as Stumble Inn Bar & Grill, and B Saini Group LLC, which owns the property at 20 Rockingham Road, denied they’re liable for the incident on April 8, 2016.
Brittany Pescia of Londonderry filed suit in Rockingham County Superior Court claiming she was injured when she tried to walk through the front entranceway while the men were drunk and brawling.
“The entrance to the business was not of sufficient size to allow the plaintiff to enter and the two men to exit at the same time,” the suit said.
Pescia claims the two men were having a disagreement that included a physical fight and that because of the “insufficient size” she was pushed, or became unbalanced, and fell.
Pescia suffered a cerebral concussion, mild traumatic brain injury, post-concussion syndrome, and a spinal injury, according to the suit.
She claims the bar was negligent due to the entrance size, that it failed to warn customers of the “hazardous condition” with visual cues, failed to construct a ramp and/or use handrails in the area where she was hurt, and violated building and safety codes and standards.
She also alleges it was negligent for serving alcohol to a “person or persons who were intoxicated and/or showed signs of intoxication...”
The bar denies many of the allegations and argues that Pescia failed to state a claim that could result in any damages.
The bar’s attorney, George Malonis of Dracut, Mass., filed several possible defenses that could be used, including that any injury or damage she sustained was a result of “acts and/or omissions of person or entities for whom the defendant is neither legally liable nor responsible.”
B Saini Group also denies the allegations and has asked the court to dismiss the case on the grounds that it “owed no duty of care” to Pescia and that she was “responsible for her own safety and was the sole and proximate cause of the alleged harm,” the company’s Boston attorney, Scarlett M. Rajbanshi, wrote in a response to the suit.