Walgreens hit with premises liability complaint

By Jon Campisi | Aug 11, 2011

A Philadelphia shopper who alleges he sustained injuries after falling at a local Walgreens store is suing the drug store chain in the Philadelphia Court of Common Pleas.

Attorney Jay M. Leffler, of the Philadelphia firm Zarwin, Baum, DeVito, Kaplan, Schaer, & Toddy, P.C., filed the premises liability claim Aug. 9 on behalf of city resident Albert B. Finney, Jr.

The defendant in the case is the Walgreens store located at 4201 N. Broad St.

According to the civil action, Finney was exiting the Walgreens store on May 22 of this year after a shopping excursion when he was caused to slip and fall on a slick and slippery substance that had accumulated in the parking lot of the business.

The complaint does not specify what the substance was that Finney tripped over.

As a result of the incident, the lawsuit states, Finney suffered “severe and disabling injuries” to his bones, muscles, skin, nerves, tendons, ligaments, tissues and blood vessels.

Finney also sustained a knee injury and avulsion fracture of the right tibia, injuries to his left leg, and lumbar sprain and strain. All of the injuries have caused Finney “great pain and suffering.”

The lawsuit claims that Finney has been prevented from attending to his normal duties, occupations and avocations because of his injuries, and that he has also suffered “mental anguish, humiliation, loss of sense of worth and ‘well-being’ and an inability to engage in normal activities and an inability to pursue the normal and ordinary pleasures of life.”

Finney has also incurred expenses related to medications, hospitalizations, as well as surgical and medical care and/or rehabilitative care.

A portion of Finney’s medical bills have come from out-of-pocket expenses, the lawsuit claims. He has also experienced a loss of earning power since the incident left him unable to work.

The lawsuit accuses the defendant of negligence for failing to provide a safe condition for pedestrians and business invitees, failing to correct said defective condition, and failing to provide ample warning of the dangerous and defective condition.

Finney demands judgment in his favor in a sum not in excess of $50,000.

The non-jury matter is scheduled for an April 12, 2012 arbitration hearing.

The case number is 110801513.

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