Lowe's customer who claims he sustained broken ankle at store sues home improvement retailer

Jon Campisi May 16, 2012, 8:34am

A Philadelphia man who claims he sustained a fractured ankle after falling on a metal object that was protruding from a ladder in an aisle at a local Lowe’s store has sued the home improvement retailer in state court.

Attorney David B. Sherman, of the Philadelphia law firm of Solomon, Sherman & Gabay, filed the personal injury claim May 7 at Philadelphia’s Common Pleas Court on behalf of Kevin Ryan.

It names the Lowe’s Home Center at 3800 Aramingo Ave. in the city’s Port Richmond section as the defendant.

According to the complaint, Ryan was visiting the Lowe’s store on June 14, 2010, when, while traversing one of the aisles, he became injured after falling onto a large metal object that had been sticking out from behind a removable stair ladder that had been left in the aisle by a store employee.

As a result of the incident, Ryan sustained various injuries to his right foot, the lawsuit claims, including a sprain, strain and fracture to his ankle.

The complaint states that Ryan has endured great suffering, has been unable to earn a living and has experienced financial loss due to his need to seek out medical treatment to cure his injuries.

The lawsuit accuses Lowe’s of negligence for allowing a dangerous condition to exist on its premises, for failing to warn patrons of the dangerous condition, for failing to inspect and maintain the area, for failing to properly instruct its employees on maintaining a safe area for customers, for failing to provide a safe pathway and for failing to use ordinary care.

Ryan seeks $50,000 in damages.

Arbitration has been set for mid-January 2013.


The case ID number is 120500119. 

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