A New York state husband and wife are suing a Texas-based retailer doing business in Pennsylvania alleging negligence in a slip and fall in a Pike County, Pa. branch of the defendant’s store.

Robert Konikowski and Tara Konikowski of Highland Lake, N.Y., sued Peebles Inc., Stage Stores Inc., and Specialty Retailers (TX) LP of Houston in the U.S. District Court Middle District of Pennsylvania on Oct. 15, claiming premises negligence in November 2014 when the couple shopped at the defendant’s Matamoras location.

According to the complaint, while walking on the premises on or about Nov. 10, 2014, Robert Konikowski tripped and fell on “a portion of carpet that had been bundled and/or bunched up on the floor of the store.” The suit states that the plaintiff was thrown violently to the ground and sustained severe and permanent injuries.

Alleging that the defendants knew or should have known of the hazardous condition of the carpet, allowed it to persist “for many days and weeks,” failed to remedy it via inspection, maintenance and repair, and neglected to warn customers, the couple charges Peebles with negligence, citing loss of consortium.

Claiming a broken leg, permanent scarring, limping, disfigurement, amputation of three toes due to sepsis, and aggravation of pre-existing conditions, the Konikowskis seek monetary damages in excess of the jurisdictional limits of the court, interest, attorneys’ fees, and court costs. They are represented by Howard Rothenberg and Ryan Campbell of Howard Rothenberg & Associates in Scranton.

U.S. District Court Middle District of Pennsylvania 3:15-cv-02001-RPC

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