SCRANTON – A Scranton mother is suing Sears Department Corp. purporting that she and her son were harmed while shopping at a local store and Sears is seeking to have the case moved to federal court.
Valencia Caple filed a complaint on July 30 in the Lackawanna County Common Pleas Court, on behalf of her son and herself, against Sears Department Corp., alleging negligence. Sears filed a notice of removal Aug. 27 in the U.S. District Court for the Middle District of Pennsylvania seeking to move the case to that court since the two parties reside in different states.
According to the complaint, on July 30, Caple and her son, Jeremiah Mateo Valdez, were visiting the Viewmont Mall Sears department store when they suffered unspecified personal harm. The plaintiffs claim that it was due to the store's negligence that they were placed in a position of danger. They are suing Sears for allegedly failing to maintain the property in an acceptable and safe state. Caple is seeking compensation of $75,000 for all damages suffered.
Sears is represented by Ryan C. Blazure of Thomas, Thomas and Hafer LLP in Wilkes-Barre.
U.S. District Court for the Middle District of Pennsylvania Case number 3:15-cv-01666