SCRANTON — A Shur-Save worker is suing Instawhip Foods Inc., Upstate Farms and others dairy products distributors, citing alleged negligence.
Christopher Dundon filed a complaint on Sept. 20 in the U.S. District Court for the Middle District of Pennsylvania against the defendants alleging they failed to exercise reasonable care to protect plaintiff from being injured.
According to the complaint, the plaintiff alleges that on Dec. 29, 2016, he was in the course and scope of his employment working in the dairy department of Shur-Save Market in Great Bend when he slipped and fell when he came into contact with defendants' milk on the floor.
He sustained multiple injuries, including but not limited to a coccygeal fracture, lower back pain, spasm and fracture to the second lumbar vertebral body. The plaintiff holds Instawhip Foods Inc., Upstate Farms and others responsible because the defendants allegedly failed to properly pack their dairy products prior to distribution and failed to give adequate warning of the danger involved with the milk products' packaging.
The plaintiff requests a trial by jury and seeks judgment in his favor in an amount exceeding the jurisdictional limits of the court, plus interest and costs. He is represented by Howard Rothenberg of Howard Rothenberg & Associates in Scranton.
The U.S. District Court for the Middle District of Pennsylvania Case No. is 3:18-cv-01851-RDM.