Pathmark hit with premises liability complaint

By Jon Campisi | Sep 8, 2011

A Philadelphia woman has filed a slip-and-fall lawsuit against Pathmark for injuries she sustained while falling at one of its city area supermarkets.

Philadelphia attorney David A. Silverstein filed the premises liability complaint Sept. 7 at the Philadelphia Court of Common Pleas on behalf of Khadijah Gibson.

The lawsuit names as the defendant Pathmark Stores, Inc. based on Montvale, N.J.

According to the civil action, Gibson was shopping at the Upper Darby, Pa. Pathmark store, located at 42 S. 69th St., just outside of the city limits, on Sept. 21, 2009, when, while navigating one of the aisles, she slipped and fell over a puddle of milk or some other unidentified liquid substance.

The fall caused Gibson to suffer injuries to her head, neck, back, shoulders, arms and legs, a shock to her nervous system, and an aggravation of pre-existing conditions, the lawsuit claims.

As a result of the accident, Gibson has suffered financial loss since she has had to spend money on medical treatment related to her injuries, the suit states. She also continues to suffer from severe pain and suffering, which may continue into the future.

The lawsuit accuses Pathmark of negligence for failing to properly clean the milk or other substance off of the floor; failing to properly inspect the store’s aisles; and failing to warn the plaintiff of the dangerous condition that existed.

Gibson demands judgment against the defendant in a sum in excess of $50,000.

The plaintiff has waived a jury trial.

The case number is 110900318.

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