PHILADELPHIA – A woman allegedly injured by a fallen display of Coca-Cola products at a Dollar Tree store in Upper Darby has sued both the major soda company and the discount retailer in state court for damages related to her injuries.
Delcine Wheeler Conaway of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Jan. 26 versus Dollar Tree Stores, Inc. and Dollar Tree, both of Chesapeake, Va., Dollar Tree Stores of Upper Darby, Coca-Cola Refreshments USA, Inc. of Atlanta and Coca-Cola Bottling Company of Philadelphia.
“On or about April 13, 2017, the plaintiff Delcine Wheeler Conaway, was a lawful guest and patron and business invitee, when while shopping at the defendants’ store, suddenly and without warning a rack, pile, cartons, bottles, crates and/or display of Coca-Cola products and/or the like, which were loose, not fastened and/or not fastened property and/or were not secured and/or were not stocked or displayed properly, when suddenly and without warning the display and rack and pile of bottles, cartons, coca cola products, or the like, negligently and carelessly fell onto the Plaintiff’s body and person and she was caused to sustain personal injuries,” the suit states.
Conaway claims she suffered a number of injuries to her “neck, shoulder, body and limbs, as well as a shock to her body, nerves and nervous system.”
Per Conaway, she believes the defendants failed to maintain safe premises, failed to warn of the hazardous condition of the store display and failed to adequately support the foundation of the store display in question, in addition to other claims and arguments.
For multiple counts of negligence against each individual defendant, the plaintiff is seeking damages in excess of $50,000, plus interest, attorney’s fees and costs.
The plaintiff is represented by Vaughn A. Booker in Philadelphia.
Philadelphia County Court of Common Pleas case 180104366
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com