Finish Line faces personal injury claim by Bucks County couple

By Jon Campisi | Mar 1, 2013

A Bucks County woman claims in a newly filed personal injury suit that she became

injured last spring after a “brick-sized” credit card machine fell on top of her foot while she was making a purchase at a shoe store located inside a Philadelphia shopping mall.

Daphne Cox, and her husband, Bruce, who reside in Southampton, Pa., filed suit on Feb. 26 at the Philadelphia Court of Common Pleas against Indianapolis-based Finish Line Inc., which operates a footwear store inside the Franklin Mills Mall in Northeast Philadelphia.

The couple claims that while Daphne Cox was checking out after making a purchase at the store on March 10, 2012, the small credit card scanner fell off of its stand and onto the plaintiff’s left foot after she swiped her card through the device.

The complaint, which was filed by Bala Cynwyd, Pa. attorney Margaret E. Quinlan, of the firm Lowenthal & Abrams, faults the defendant for being negligent and careless in allowing a dangerous and defective condition to exist at the store’s register, where it knew paying customers would be at risk, and for failing to warn the plaintiff of the dangerous condition.

The lawsuit claims that Daphne Cox sustained injuries to her left foot and toes, including nerve damage, and that she had to undergo medical and rehabilitative treatment and care as a result of the incident.

Daphne Cox has suffered, and continues to suffer from, severe economic losses, including bills for medical treatment, medication, physical therapy, as well as an impairment of her earning capacity, the suit alleges.

The plaintiff has also incurred great physical pain and emotional suffering, as well as bodily impairment, as a result of the defendant’s actions, the complaint asserts.

Daphne Cox seeks $50,000 in damages, plus interest, costs and other court relief.

Her husband, Bruce, also seeks $50,000 in damages for loss of consortium.

The case ID number is 130202666.

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