RENSSELAER — A White County couple is suing the owners of a McDonald’s restaurant in Jasper County after one of them allegedly slipped and fell on the floor while walking out of a restroom.
Attorneys for Mary Ann and Orville Lerch, of Monticello, filed the complaint June 26 in Jasper Circuit Court against Larry and Maureen Kosenovich, owners of the McDonald’s at 819 S. College Ave., Rensselaer. They also own McDonald’s restaurants in DeMotte and Remington.
The Lerches are represented by Scott L. Starr and Jacob M. O’Brien, of Starr Austen & Miller, LLP, of Logansport.
According to the complaint, the incident happened July 3, 2017, when the couple was traveling home to Monticello and had stopped at the Rensselaer McDonald’s for a meal.
While Orville Lerch went to the counter and purchased the Lerch’s meal, Mary Ann Lerch went to use the restroom, the complaint states. Upon exiting the restroom, the complaint states Mary Ann slipped and fell on a “very slick, greasy coated floor.”
The complaint alleges the Kosenviches were negligent for failing to remove the grease and grime around the restroom area “knowing that customers would be entering and exiting” the restroom; failing to warn customers entering and leaving the restroom that the area was greasy and slippery; failing to keep the premises in a reasonably safe condition for their customers; and failing to exercise “requisite care” in rending the restaurant in a reasonably safe condition.
The complaint states Mary Ann Lerch suffered damages including, but not limited to, temporary and permanent injuries, incurred medical expenses, pain and suffering, and other economic damages. Orville Lerch, according to the complaint, “has lost consortium and his wife’s services as well as other damages.”
“Loss of consortium” is basically the inability of one’s spouse to have a normal marital relationship. It may also include loss of care, affection, and even companionship between wife and husband, even without the loss of sexual relations.
The complaint does not specify a dollar amount in damages sought.
Attorneys for the couple did not respond to a request for comment by press time.