Personal injury suit claims spill from Pepsi delivery caused customer's slip and fall at supermarket

By Jim Boyle | Sep 25, 2014

A Chester County woman blames a soft drink company and the supermarket that was

receiving a delivery of the product for injuries she sustained when she slipped on a wet spot and fell to the floor, according to a suit filed at the Philadelphia Court of Common Pleas.

Lisa Kochmansky, of Oxford, Pa., seeks compensatory and punitive damages in excess of $50,000 from Acme Markets and Pepsi Beverages Inc., saying negligence on the defendants' part contributed to the incident.

According to the suit, on Aug. 10, 2012 Kochmansky was shopping at the Acme Supermarket located on Baltimore Pike in Oxford, Pa. As she walked down one of the aisles, Kochmansky stepped into a puddle of liquid, slipped and fell to the floor. The suit says the puddle was caused by a delivery person dropping off a shipment of Pepsi products at the store.

It also says that Kochmansky experienced trauma and contusions to her right side, hips and shoulders, strain and sprain to the bones and ligaments of her left knee, requiring arthroscopic surgery, causing scarring and disfigurement to her knee. She also claims overall pain, suffering and embarrassment, as well as anxiety and nervousness. Kochmansky's condition has diminished her ability to earn her full income, as costly medical expenses continue to rise during her rehabilitation.

According to the suit, both Acme and Pepsi are negligent for allowing the hazardous conditions to exist in the store. Kochmansky says that store employees should have known about the puddle and cleared it from the aisle. The store also failed to inform the plaintiff about the floor's condition and did not give fair warning as she shopped.

Pepsi is also blamed for employing a delivery person who allegedly acted negligently when he did not clean up his spill or inform management of the slippery conditions.

The plaintiff is represented by Timothy Rayne of MacElree Harvey in Kennett Square, Pa.

The case ID is 140800360.

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