Bain Capital named as defendant in 'slip-and-fall' suit filed by Phila. couple

By Jon Campisi | Jun 7, 2012

Bain Capital, the private investment and financial services firm that has become a

household name throughout the Mitt Romney presidential campaign for the candidate’s ties to the Boston-based firm, has been named as a defendant in a slip-and-fall suit filed by a Philadelphia couple.

Attorney George D. Walker, Jr., of Philadelphia-based Larry Pitt & Associates, filed the premises liability complaint June 5 at Philadelphia’s Court of Common Pleas on behalf of Jose and Maritza Alvardo of the city’s Port Richmond section.

In addition to Bain Capital, the other defendants named in the lawsuit are the Burlington Coat Factory store at 9167 Roosevelt Boulevard and New Jersey-based Burlington Coat Factory Investments Holdings.

According to the complaint, Jose Alvardo was patronizing the Northeast Philadelphia retail store back on July 24, 2010, when he slipped on a slippery or waxy substance located on the floor of the business.

The fall caused Alvardo to sustain various injuries, including back, knee and ankle injuries, in addition to multiple contusions and abrasions together with shock and injuries to his nervous system, the lawsuit alleges.

Alvardo ended up having to spend various sums of money on medical attention for the treatment of his injuries, and he is expected to have to do the same in the foreseeable future, the suit states.

Alvardo has also been hindered from carrying out his occupations and daily duties as a result of his being hurt, the complaint alleges.

The lawsuit accuses the defendants of negligence and recklessness for causing and/or permitting an accumulation of liquid substance to build up on the floor of the business, failing to properly and adequately warn Alvardo of the dangerous condition that existed on the premises, failing to properly inspect and maintain the premises, failing to use due care, and permitting unsafe conditions to develop and remain on the premises.

Alvardo seeks judgment against the defendants in excess of $50,000, plus interest and court costs.

His wife has a loss of consortium count in the lawsuit in which she claims the accident has deprived her of her husband’s companionship.

She, too, seeks damages in excess of $50,000.

Bain Capital, one of the defendants in the lawsuit, entered the public discourse earlier this election season when President Obama attacked his Republican candidate, former Massachusetts Gov. Mitt Romney, for heavily profiting from the Boston firm while others lost jobs. Romney formerly headed up the investment firm.

Romney’s tenure at Bain Capital has become a centerpiece campaign topic.



The case ID number is 120600506. 

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