PHILADELPHIA – A dresser’s mirror, allegedly installed in an improper fashion, has led to both an injury lawsuit and a disagreement over whether the case is headed to arbitration.
Defense counsel Louis Hockman filed such a motion on March 2, seeking Philadelphia resident Jennifer Walton’s suit against Rent-A-Center, Inc. of Plano, Texas be sent to binding arbitration for resolution of any and all claims. Hockman cited a clause in the subject action’s rental agreement providing for such arbitration proceedings, in addition to the Pennsylvania Uniform Arbitration Act.
On Jan. 10, 2014, Walton contracted with the defendant to purchase a set of bedroom furniture for her daughter, and as part of the agreement, the furniture was delivered to Walton’s residence.
Nineteen days later, on Jan. 29, Walton was walking in her daughter’s bedroom when the dresser’s mirror (which the plaintiff believed was properly attached to the dresser) fell and struck her in the right shoulder and lower back, the lawsuit claims.
Walton credited the alleged accident to improper installation of the mirror, completed using four screws instead of the correct amount of eight, to the creation of this dangerous condition.
Walton asserted she suffered neck, shoulder and back injuries as a result.
The plaintiff is seeking damages not in excess of $50,000, plus costs, interest and damages in this case.
The plaintiff is represented by Christopher S. Froba of Koch & Corboy, in Jenkintown.
The defendant is represented by Hockman of Mintzer Sarowitz Zeris Ledva & Meyers, in Philadelphia.
Philadelphia County Court of Common Pleas case 151200434
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at firstname.lastname@example.org