Parent sues Rose's Stores after son allegedly cut by clothes rack

By Nicholas Malfitano | Feb 26, 2018

PHILADELPHIA – The mother of a minor plaintiff injured in a branch location of Rose’s Stores in Philadelphia is suing the retail chain for negligence, claiming the abdominal laceration her son suffered was the store’s fault.

PHILADELPHIA – The mother of a minor plaintiff injured in a branch location of Rose’s Stores in Philadelphia is suing the retail chain for negligence, claiming the abdominal laceration her son suffered was the store’s fault.

Jeriel Valdes (through parent and natural guardian Jesenia Cruz-Ortiz) and Jesenia Cruz-Ortiz in her own right, both of Philadelphia, filed suit in the Philadelphia County Court of Common Pleas on Feb. 16 versus Rose’s Stores of Philadelphia and Rose’s Stores, Inc. (c/o Corporation Service Company) of Wilmington, Del.

“On March 29, 2016, while a business invitee of defendants, minor plaintiff Jeriel Valdes did suffer a laceration by reason of coming in contact with the aforementioned dangerous and defective condition [an improperly-placed or assembled rack on the sales floor] at the aforesaid location, causing the injuries that form the basis for this action. The aforesaid accident was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the minor plaintiff,” the lawsuit says.

As a result, the suit states Valdes suffered a partial skin thickness laceration to the lower right abdomen.

The plaintiffs argue the defendants failed to give warning or notice of the defective condition, failed to inspect the aforementioned clothes rack and failed to ensure the merchandise rack was not extended so far where a tripping hazard could be caused, plus a long list of other negligence-related charges.

For two counts of negligence, the plaintiffs are seeking damages, jointly and severally, not in excess of the arbitration limits, plus interest and costs.

The plaintiffs are represented by Keith W. Kofsky of Clearfield & Kofsky, in Philadelphia.

Philadelphia County Court of Common Pleas case 180201633

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

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