Children's store injury leads to premises liability claim

Jon Campisi Jul. 8, 2011, 1:21pm

A Philadelphia couple is suing a city children’s store for injuries the wife sustained after being struck with a cart operated by a store employee.

New Jersey attorney Richard A. Stoloff, of the Law Offices of Richard A. Stoloff, filed the personal injury lawsuit July 6 at the Philadelphia Court of Common Pleas on behalf of Arlene Britt-Falcon and Donald Falcon.

The defendants listed in the suit are Kid City 28, Youngland Kiddie Shop, Inc., and Cheltenham Square Mall Lot Stores, Inc.

According to the complaint, Arlene Britt-Falcon was shopping at the Kid City store at 2385 W. Cheltenham Ave. on July 9, 2009, when a business employee who had been pushing a cart loaded with boxes struck the plaintiff on her shoulder.

As a result of the accident, Arlene Britt-Falcon sustained injuries such as a full thickness rotator cuff tear, exacerbation of degenerative changes of the glenoid and AC joint causing impingement, and multiple soft tissue injuries, the results of which rendered her “sick and sore and lame,” and which required her to undergo medical treatment, the lawsuit states.

The complaint states that as a result of her injuries, Britt-Falcon has been unable to attend to her daily duties and activities, and has suffered a loss of earnings and earning capacity.

The lawsuit accuses the defendants of carelessness and negligence for allowing the employee to strike the plaintiff with the cart and for “unreasonably [exposing] Plaintiff to dangerous and unsafe conditions.”

The plaintiffs demand judgment against the defendants, jointly and severally, in excess of $50,000, together with interest and attorney’s fees, for each of the two counts listed in the lawsuit.

The non-jury matter has not yet been scheduled for arbitration.

The case number is 110700239.

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