Philly plaintiff claims she sustained fractured vertebrae in injury suit against Ross

By Jon Campisi | Jul 11, 2013

California-based clothing retailer Ross is named as a defendant in a slip-and-fall suit

initiated by a Philadelphia woman who claims she sustained a fractured vertebrae and spinal swelling after falling at one of the company’s area locations.

Juanita Rodriguez, of the 1700 block of North 3rd Street in Philadelphia, filed suit this week against Ross Stores Inc., Ross Penngen Inc., and Ross Dress For Less Inc. over allegations that she became injured after slipping and falling on a slippery floor at the Ross store at 4640 Roosevelt Boulevard in Northeast Philadelphia two summers ago.

The lawsuit doesn’t specify what substance had been spilled on the floor at the time of the incident, only that the walkway was “wet, slick and slippery.”

As a result of her fall, Rodriguez claims she sustained a variety of injuries to her bones, joints, muscles, tendons, blood vessels and soft tissues.

The injuries were contained to her neck, back, extremities, face and head, the suit states, and included acute vertebral fractures with bone edema, or internal swelling.

The plaintiff claims she has experienced pain and suffering, has been prevented from attending to her usual duties and activities, and now has permanent disabilities that will affect her in various aspects of her life.

Rodriguez has also incurred expenditures relating to medical care, and she expects to expend additional money on the same into the indefinite future, the complaint states.

The defendants are accused of negligence, carelessness and/or recklessness for allowing a dangerous and defective condition to exist on the premises, failing to correct the hazardous condition, and failing to give notice to customers of the dangerous condition.

“Plaintiff, Juanita Rodriguez, has suffered agonizing aches, severe physical pains, disability, mental anguish and humiliation and will continue to suffer same for an indefinite time in the future, to Plaintiff’s great detriment and loss,” the complaint states.

Rodriguez also alleges she has suffered a loss of earnings and earning capacity due to her inability to work because of her injuries.

She seeks more than $150,000 in damages, plus interest, attorney’s fees and litigation costs.

Rodriguez is being represented by Jenkintown, Pa. attorney Alan F. Galerman, of the firm Galerman & Tabakin, who filed the civil action July 9 at the U.S. District Court in Philadelphia.

The federal case number is 2:13-cv-03971-AB.

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