Londonderry's Stumble Inn Claims No Fault For Woman Falling

BRENTWOOD, NH — Stumble Inn Bar & Grill in Londonderry claims it is not responsible for a woman's injuries after she fell there in 2016. Brittany Pescia of Londonderry had filed suit in Rockingham County Superior Court in Brentwood, stating she was severely injured while entering the establishment and being knocked down by two other patrons who were exiting the building and fighting. Last month, the business filed a response stating it is not responsible for damages.

Stumble Inn Bar & Grill is located at 20 Rockingham Road in Londonderry. In her suit, Pescia claims that the establishment practiced negligence and failure to maintain a safe environment for the patrons — claims that the business denies. Pescia is requesting that Stumble Inn to pay for the damages relating to the injuries she suffered, including a spinal injury, a cerebral concussion, a mild traumatic brain injury and post-concussion syndrome, in addition to lost wages.

Boston Attorney Scarlett Rajbanshi filed a response to Pescia's complaint last month, on behalf of Stumble Inn and the owner of the property, B Saini, stating there was no negligence on the part of the business and that the cause of Pescia falling was a third party who was not an agent of the business.

"The harm alleged in the Complaint is a result of superseding or intervening cause and is not the result of Defendent," states Stumble Inn's response filed at Rockingham County Superior Court last month.

The owner of the property denies all liability for damages, "and maintains that any and all actions it has taken concerning the Property have been reasonable and taken in good faith," the response states.

The response also states that Pescia had taken a voluntary assumption of risk when she came onto the property, and that "the alleged dangerous condition was open and obvious."

The property owner was also not aware of any hazardous conditions to the building, according to the response.

The court has yet to make a ruling in this case.