Lawsuit: Man died after fall outside Florham Park Diner

The widow of a retired banker from Madison who died in March has sued the Florham Park Diner, claiming a fall on the eatery premises led to the death of her husband two months later.

The lawsuit that alleges negligence was filed in Superior Court, Morristown, on behalf of Joan E. Cummings as the executrix of the estate of her late spouse, James B. Cummings. The couple had three children and several grandchildren.

Cummings died on March 30 at the age of 85. A Korean War veteran, he was retired from a position as vice president of Schuyler Savings Bank in Kearny. According to his death certificate, he died as an outpatient in the emergency room of Morristown Medical Center. He died a “natural death,” attributable to coronary artery disease and smoking was listed as a probable contributing factor in the death certificate.

But the lawsuit, filed by Springfield-based attorney Annabelle Steinhacker, alleges that James Cummings was injured on the premises of the Florham Park Diner on Ridgedale Avenue on Jan. 28. The incident allegedly led to “serious and permanent personal injuries” that required “special care and medical treatment from the time of the accident” until his death two months later, the complaint said.

According to Florham Park Acting Police Chief Robert Treiber, Cummings fell outside the diner on Jan. 28.

The popular diner, also known as the Florham Park Place Diner, has been owned since 1991 by George and Ginette Grapsas, who were not available for comment Thursday. A woman who identified herself as their daughter said she was not aware of an incident at the diner and could not comment because she had not seen the lawsuit.

The lawsuit does not go into detail about the incident but alleges it caused Cummings “much pain and suffering,” and his wife, as executrix of the estate, had to pay medical, funeral and burial expenses and was left without his companionship, advice and guidance.

A police report of the incident says that officers who were called to the diner spoke to a witness who saw Cummings fall. When police and Florham Park First Aid Squad members arrived, Cummings was lying facedown on the sidewalk next to the diner’s front door. He had a cut on his nose and thumb and a contusion on his forehead, the report said.

The witness told police she saw Cummings trip over two floor mats that were rolled up and lying on the ground next to the front door. The mats were on top of each other and covered two-thirds of the walking area on the sidewalk right next to the front door, the report said.

Cummings was accompanied on a visit to the diner by his wife, who was walking ahead of him when he fell, the report said.

Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com.