PHILADELPHIA – A plaintiff claiming to have been seriously injured in the entryway of a Philadelphia Best Buy store nearly two years ago, has initiated legal action against the electronics retail giant.
Kathleen Hottenstein and William Hottenstein of Fairless Hills filed suit in the Philadelphia County Court of Common Pleas on Sept. 13 versus Best Buy Co. a.k.a. BBY Solutions, Inc. (doing business as “Best Buy”), of Philadelphia and DH Pace a.k.a. DH Pace Company, Inc. of Olathe, Kan.
On Dec. 18, 2015, Kathleen was attempting to enter the Best Buy store located on Roosevelt Avenue in Philadelphia when its entryway door malfunctioned, striking her and knocking her to the ground, the lawsuit says.
The lawsuit takes both Best Buy and the manufacturer of the door, DH Pace, to task for alleged failures of negligence, strict liability and breach of warranty; for not properly maintaining the store entryway, failure to properly design the door, failure to install a fail-safe for the door and otherwise violating the safety regulations governing the door’s design, manufacture, sale and distribution, among numerous other charges.
According to the lawsuit, Kathleen suffered facial fractures, an injury to her right wrist, numbness on the hand and top of the thumb, plus a closed-head injury, an aggravation of her underlying condition of multiple sclerosis. Kathleen’s husband William added a charge of loss of consortium to the complaint.
For multiple counts of negligence, strict liability, breach of warranty and loss of consortium, the plaintiffs are individually seeking damages in excess of $50,000, plus interest, costs and attorney’s fees.
The plaintiffs are represented by Bryan A. George in Huntingdon Valley.
Philadelphia County Court of Common Pleas case 170901307
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com