Alina T. Zabroski says a fog-producing machine at ICandy contributed to unsafe conditions on the premises, causing her to fall on a stairway and sustain serious injuries.
Zabroski, 29, filed suit against the popular LGBT nightclub in September 2014. Efforts to settle have been unavailing, and the dispute is scheduled for a jury trial in February.
According to Zabroski’s suit, the incident occurred about 1:15 a.m. Nov. 23, 2013, at the club, located at 254 S. 12th St.
Zabroski alleges that a fog-producing machine at the club contributed to her fall on a stairway. The fog apparently was produced as a special effect, though court records don’t specify why it was produced.
Zabroski sustained injuries to her wrist, hand, ankle and shoulder, with “some or all” of those injuries being of a permanent nature and requiring the continuing expense of medical care.
The incident resulted in “great financial loss and detriment” to Zabroski, according to her suit.
Zabroski alleges ICandy failed to maintain its stairs in a safe condition, failed to reasonably inspect the premises, failed to warn patrons of defective conditions, obstructed patrons’ vision by use of a fog machine, failed to place an appropriate barrier so fog wouldn’t enter the stairway and failed to provide adequate lighting.
In May, attorneys for both sides met at ICandy and conducted a joint site inspection. Later, ICandy management shared the names of workers who may have witnessed the incident.
In court papers, ICandy denied Zabroski’s allegations, maintaining it did nothing to cause harm to her.
“It is denied there was a dangerous, negligent or defective condition on the premises of which defendants knew the existence of on the night of the alleged incident,” a defense filing states.
The filing goes on to emphasize that ICandy acted reasonably.
“[D]efendants deny any allegation of negligent, careless or any other wrongful or liability-producing conduct, and acted reasonably at all times,” club attorneys maintained.
The filing notes that if a dangerous condition existed at ICandy, it should have been obvious to Zabroski. “If it is proven that a dangerous condition did exist, then the condition was open and obvious to [Zabroski].”
The contentious litigation included multiple discovery disputes, resulting in court orders for both sides to turn over records.
According to court records, Common Pleas Judge Lisa M. Rau will preside at a jury trial in February, though a specific date hasn’t been announced.
Neither side had a comment for this story.
