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PENNSYLVANIA RECORD

Friday, April 26, 2024

Broken hip and subsequent surgery the fault of Dollar General, complaint alleges

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PITTSBURGH – Recently filed legal action in a state court centers on a pedestrian alleging discount retailer Dollar General’s unsafe premises led to the plaintiff’s accident and resulting injuries.

Yola Battaglini of Coraopolis filed suit in the Allegheny County Court of Common Pleas on Nov. 27 versus Dollar General, Inc. corporately of Philadelphia and operating in Coraopolis, plus Lawrence A. Lynch and Rebecca B. Lynch (acting as Robert W. Ayers II, Donna J. Ayres and Clifford Ayres) of Sewickley.

On March 12, 2016, Battaglini was caused to trip and fall on and over a broken and missing concrete pavement that was on the surface of the sidewalk and pedestrian passageway, the suit says. 

In the process, she suffered a fracture of her right intertrochanteric hip with commutation, scarring from surgical procedures, severe and serious bruises and contusions about her body, right elbow and stomach, plus severe and serious shock to her nervous system, in addition incurring medical expenses of $64,700, she says.

Per Battaglini, the defendants failed to properly repair the walkway/sidewalk to a condition safe for pedestrians, failed to place visible markers to warn pedestrians of its condition and failed to comply with the Coraopolis Borough Code of Ordinances requiring sidewalks to be kept in a safe, unobstructed and usable condition, among other charges.]

For a lone count of negligence, the plaintiff is seeking damages, jointly and severally, for an amount in excess of $35,000 along with a jury trial.

The plaintiff is represented by Richard F. Start of Amato Start & Associates, in Sewickley.

Allegheny County Court of Common Pleas case GD-17-016120

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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