PITTSBURGH – A delivery driver bringing goods to an Aldi grocery store and allegedly injured by a wooden plank left out on its loading dock is pursuing legal recovery against the grocery chain.

Ivor Padula of Wexford filed suit in the Allegheny County Court of Common Pleas on Dec. 1 versus Aldi of Erie.

Per Padula, he was delivering merchandise to the defendant’s store on West 12th Street in Erie on Jan. 31, 2016, when suddenly and without warning, he tripped and fell as a result of a wooden plank that was left on the loading dock of the defendant’s store.

“The wooden plank was negligently left on the loading dock by defendant, through its employees, workers or other individuals for whom defendant is legally responsible. Defendant was aware of the fact that plaintiff would be delivering goods on the date of the subject incident. Defendant is the only party with any responsibility for maintaining the loading dock at the said location of the incident,” the suit states.

As a result, Padula allegedly sustained serious and permanent personal injuries, serious impairments of body functions and/or aggravation of pre-existing conditions, including, but not limited to: Medial meniscus tear and any other ills and injuries, all to plaintiff’s great loss and detriment.

According to Padula, the defendants failed to ensure the loading dock was kept in a reasonably safe condition, failed to ensure the dock’s lighting conditions were safe for nighttime deliveries, negligently leaving a wooden plank on the loading dock and failing to warn of a dangerous condition.

For negligence, the plaintiff is seeking compensatory damages in excess of $35,000, plus interest and costs and such other relief as the Court deems just and appropriate.

The plaintiff is represented by Jeffrey F. Parker of Lowenthal & Abrams, in Bala Cynwyd.

Allegheny County Court of Common Pleas case GD-17-016535

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

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