Fallen beverage crates seriously injured customer, suit says

By Nicholas Malfitano | Feb 9, 2018

PITTSBURGH – A newly-filed state court lawsuit claims the errant movement of a metal cart in a Shop ‘N Save supermarket is the proximate cause of a plaintiff’s severe knee injuries, which required surgery.

Nicole M. Lauricia and Lukas Lauricia of New Kensington filed suit in the Allegheny County Court of Common Pleas on Feb. 6 versus Hartley Foods Corporation (doing business as “Shop ‘N Save”), of Pittsburgh.

The suit states that on March 25, 2016, Nicole was in the Pittsburgh-based supermarket looking at popcorn on the store aisle’s display shelves, when a metal cart being pushed by a store employee passed by and hit her in the back of the legs. Additionally, the suit says the cart contained large crates of drinks that allegedly fell off the cart and struck the plaintiff. As a result, Nicole twisted her left knee and suffered a resulting number of serious injuries.  

Per the litigation, Nicole suffered a left knee injury requiring multiple surgeries which included the insertion and removal of hardware, external surgical scarring of her left knee, shock and attendant nervous disorder and post-traumatic arthritis and/or a pre-disposition thereto in the process.

The plaintiffs charge that the defendant irresponsibly brought the cart with unsecured metal crates into an area where customers would be shopping, failed to warn the plaintiff of the cart’s presence in the aisle and acted with reckless disregard for the plaintiff’s safety, in addition to other claims.

For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the jurisdictional limits of the Court for arbitration, plus costs, interest and a trial by jury.

The plaintiffs are represented by Jessica L. Rafferty of Quatrini Rafferty, in Greensburg.

Allegheny County Court of Common Pleas case GD-18-001792

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

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