A Philadelphia woman who claims she suffered serious arm injuries after a door closed on her at a local toy store has filed a civil complaint against the business and its parent company.
Attorney Jason E. Fine, of the Philadelphia law firm of Master, Weinstein, Schatz, and Moyer, P.C., filed the lawsuit Nov. 15 at the Philadelphia Court of Common Pleas on behalf of Monique Romeo.
The defendants named in the complaint are the Toys 'R' Us store at 2703 S. 3rd St. in Philadelphia, which is where the alleged incident occurred, and Wayne, N.J.-based Toys 'R' Us, Inc.
According to the complaint, Romeo was shopping at the Toys 'R' Us store on Dec. 28, 2009, at about 9 p.m. when, suddenly and without warning, the exit doors were closed and locked by employees.
When Romeo attempted to exit the premises, an employee instructed her to pull the doors apart so she could get out, and when she did, the doors swung back onto her arm causing serious and painful injuries, the suit claims.
The complaint accuses the defendants of negligence and carelessness for failing to correct, inspect or repair a defective and hazardous condition, failing to adequately maintain the premises, failing to take reasonable precautions against the dangerous and unsafe condition, locking the store doors while customers were still present, failing to properly instruct its employees, failing to provide safe conditions for customers and failing to respond in a timely manner to an insecure or dangerous condition.
As a result of the incident, Romeo sustained arm injuries that required surgery and rehabilitative services, the suit states. She has incurred various medical expenses related to her treatment and she has been unable to attend to her daily chores, duties and occupations because of the accident.
Romeo has also suffered a loss of earnings and earning capacity because of her inability to work.
“As a further result of the accident, plaintiff, Monique Romeo, has suffered severe physical pain, aches, mental anguish and humiliation, inconveniences, and loss of life’s pleasures, and she may continue to suffer the same for an indefinite time in the future,” the lawsuit states.
Romeo demands judgment against the defendants in a sum not to exceed $50,000, plus interest, litigation costs and other court relief.
An arbitration hearing in the non-jury matter has been scheduled for July 19, 2012.
The case number is 111101132.