ICandy lawsuit settled

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The ICandy slip-and-fall case was settled this week, shortly before jury selection was to begin. Terms of the settlement were unavailable.

 

Alina T. Zabroski alleged that a fog-producing machine at ICandy created unsafe conditions inside the building, causing her to fall and sustain serious injuries.

In September 2014, Zabroski filed suit against ICandy in Philadelphia Common Pleas Court, seeking in excess of $50,000 in damages. 

The popular LGBT nightclub is located at 254 S. 12th St.

According to Zabroski’s suit, the incident occurred about 1:15 a.m. Nov. 23, 2013. Fog inside the club, produced as a special effect, obstructed her vision, causing her to fall at a stairway. 

She 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 claimed ICandy failed to maintain its stairs in a safe condition, failed to reasonably inspect the premises, failed to warn patrons of defective conditions, obstructed the vision of patrons by use of a fog-producing machine, failed to place an appropriate barrier so fog wouldn’t enter the stairway and failed to provide adequate lighting. 

In court papers, ICandy denied any wrongdoing in the matter. 

“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 stated. 

Prior to the case settling, both sides remained on call for jury selection, which could have commenced on any business day this month. 

Notice of the settlement was filed with Common Pleas Judge Lisa M. Rau. 

The contentious litigation included multiple discovery disputes, resulting in court orders for both sides to turn over records. 

Neither side had a comment for this story. 

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Tim Cwiek has been writing for PGN since the 1970s. He holds a bachelor's degree in history from West Chester State University. In 2013, he received a Sigma Delta Chi Investigative Reporting Award from the Society of Professional Journalists for his reporting on the Nizah Morris case. Cwiek was the first reporter for an LGBT media outlet to win an award from that national organization. He's also received awards from the National Lesbian and Gay Journalists Association, the National Newspaper Association, and the Keystone Press.