SCRANTON – A Pennsylvania couple have filed suit against a major department store chain and an investment group, claiming their negligence contributed to a severely injurious fall sustained by the female plaintiff in the action.
Debbie Dodge and Dennis Dodge of Falls Township, Wyoming County filed suit on Feb. 8 in the Lackawanna County Court of Common Pleas, against Sears, Roebuck & Company of Hoffman Estates, Ill. and Pennsylvania Real Estate Investment Trust of Philadelphia.
The lawsuit concerns an incident which occurred at the Sears Store No. 1534 at the Viewmont Mall in Scranton, where Debbie Dodge was a lawful business invitee on Sept. 10, 2015.
“At that time and place, plaintiff was exiting Sears Store No. 1534, and had gone through the first set of glass doors when she immediately became locked inside of the store. All lighting and doors automatically shut off in the store. Plaintiff attempted to find an exit, and in doing so, she was caused to trip and fall in the back area of the Sears store, causing her to sustain serious personal injuries,” the complaint reads.
The plaintiffs claim the defendants should have known leaving one of the plaintiffs in a locked store without lights created a dangerous condition and say the defendants’ negligence caused Debbie the following medical injuries: Broken teeth, neck pain, back pain, left shoulder pain, numbness and tingling down left arm to hand and fingers, cervical radiculopathy, degenerative disc disease with cervical spondylosis at C6-C7 vertebrae, disc foraminal narrowing bilaterally more marked on left side with root compression, cervicalgia, severe tendonitis of left shoulder, anxiety disorder, pain in legs, bilateral carpal tunnel syndrome, C4-C6 vertebrae radiculopathy with paraspinal muscle spasms, bruising, contusions, spasms, trigger point, and severe and permanent shock to the nervous system.
For two counts of negligence and one count of loss of consortium, the plaintiffs are seeking damages in excess of $50,000, plus interest and costs.
The plaintiffs are represented by John M. Mulcahey of Munley Law, in Scranton.
Lackawanna County Court of Common Pleas case 17-CV-1072
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com