Massaro v. McDonald’s, 2022 Pa. Super. LEXIS 320 (August 2, 2022) (Pellegrini, J.) Thomas Henry Massaro (Massaro) appeals an order of the Court of Common Pleas of Philadelphia County (trial court) dismissing his claims with prejudice for lack of legal sufficiency. It was alleged by Massaro, a senior citizen, that he was continuously harassed and assaulted by a deranged third-party while mentoring a student in a McDonald's restaurant. His repeated requests for help from the restaurant's staff had gone unheeded for about an hour. The above-captioned Appellees (collectively referred to here as "McDonald's") filed a preliminary objection in the nature of a demurrer, arguing that they could not be held liable for Massaro's injuries as a matter of law because he had remained in the restaurant beyond the point where it was reasonable for him to do so. The trial court sustained McDonald's preliminary objection on what appear to be two not entirely consistent grounds. The trial court first determined that McDonald's did not owe Massaro a duty of care because he had assumed the risk of a known danger in the restaurant. Next, the trial court found that, as a…
LANDOWNERS LIABILITY-BUSINESS INVITEE-HARASSMENT OF PATRON-McDONALD’S
August 15th, 2022 by Rieders Travis in Miscellaneous, Uncategorized