Slip-and-fall against Martin's grocery store set for arbitration

By Nicholas Malfitano | May 13, 2015

PHILADELPHIA – A woman who claims a fall she suffered in a Royersford grocery store left her with serious injuries has filed suit against the store chain in the Philadelphia County Court of Common Pleas, and it will soon be heard by an arbitrator.

In September, Pottstown resident Raquel Coleman initiated litigation against Carlisle-based Giant Food Stores, Inc. (which does business as Martin’s Food Markets), and claiming negligence on the part of the grocery store chain.

Coleman alleges on July 7, 2013, she was shopping in the Martin’s Food Markets store in Royersford when she encountered a puddle of water near an ice-making machine and fell to the bare floor.

In the fall, the plaintiff claimed to have suffered a left knee contusion, lumbar strain and continued pain when trying to rise to a standing position, which she claims is permanent.

Coleman’s suit claims the store had not placed any signage to indicate the floor was wet, nor placed a rubber or non-slip mat on the floor to prevent injuries or accidents from occurring.

The plaintiff feels the grocery store was negligent in failing to recognize the potential for injury in the area near the ice-making machine, or in remedying said dangerous condition.

In addition to incurring costs for continued medical care to treat her injuries, the plaintiff is seeking damages in excess of $50,000, but not in excess of arbitration limits. Through her lawsuit, the plaintiff further reserves the right to claim full damages in a jury trial.

A motion to withdraw plaintiff counsel is currently before the court and was heard in court chambers at Philadelphia City Hall on Tuesday.

The case is also set for an arbitration hearing at the court’s Arbitration Center on June 11.

The plaintiff is represented by Danielle L. Duffy, Esq. of Spivack & Spivack LLP, in Philadelphia.

The defendant is represented by Joseph M. Toddy, Esq. and Zachary Adam Silverstein, both of Zarwin Baum DeVito Kaplan Schaer Toddy P.C., in Philadelphia.

Philadelphia County Court of Common Pleas case 140901591

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