A Pennsylvania resident has filed a lawsuit against two business entities, alleging negligence that led to severe injuries. On November 26, 2023, Donald McClellan filed a complaint in the Court of Common Pleas of Delaware County against Ashton Markets and 121 Ashton LLC. The plaintiff claims that both defendants failed to maintain safe premises, resulting in his fall and subsequent injuries.
According to the complaint, McClellan was walking on the sidewalk near the defendants’ property at 121 Springton Rd, Upper Darby, PA when he encountered an unlevel mat and hazardous conditions that caused him to trip and fall violently. The lawsuit asserts that these conditions were due to negligence on the part of Ashton Markets and 121 Ashton LLC. The complaint details various dangerous conditions such as irregularities in the walking surface, tripping hazards, and defective sidewalks which were allegedly left unattended by the defendants despite being aware of them.
McClellan’s attorney, Evan M. Dyer from Rosen Justice law firm, argues that the defendants had a duty to inspect, maintain, repair, and correct these hazardous conditions but failed to do so. “The carelessness and negligence of the Defendants resulted in serious orthopedic and neurological injuries,” Dyer states in the filing. McClellan claims that his injuries have required ongoing medical treatment and have significantly impacted his ability to perform daily activities.
The plaintiff is seeking damages exceeding $50,000 for each count against both Ashton Markets and 121 Ashton LLC. He accuses them of failing to place warning signs or barriers around the dangerous area and neglecting their responsibility to ensure pedestrian safety on their premises. McClellan’s complaint highlights several alleged failures by the defendants including not conducting regular inspections or employing adequate maintenance staff.
In conclusion, McClellan seeks compensation for medical expenses incurred due to his injuries as well as non-economic damages for pain and suffering. He also requests relief for loss of earnings capacity resulting from his inability to work following the incident.
Representing McClellan is attorney Evan M. Dyer from Rosen Justice law firm located at 100 S. Broad Street, Suite 1519 Philadelphia PA 19110 with contact number (215) 999-2244. The case was filed under Case ID: No., with proceedings overseen by judges at Delaware County Court of Common Pleas.
Source: CV2025010963_Donald_Mcclellan_v_Ashton_Markets_Complaint_Delaware_County_Pennsylvania.pdf
