Supermarket's mechanized dock plate injures plaintiff, suit alleges

By Nicholas Malfitano | Oct 11, 2018


PHILADELPHIA – A man allegedly injured by a motorized and mechanized dock plate at a Giant grocery store has, along with his spouse, launched litigation against the supermarket chain for negligence-related injuries.

Marcus and Amy Poteat of Wenonah, N.J. filed suit in the Philadelphia County Court of Common Pleas on Aug. 8 versus Giant Stores, LLC, of Carlisle.

On May 28, 2016, plaintiff Marcus Poteat was making a delivery at the Giant Store in Plymouth Meeting when he encountered an unattended, motorized dock plate which malfunctioned, thereby causing him to suffer severe and permanent injuries. Marcus suffered full-body injuries, loss of bodily functions, serious and permanent disfigurement, nervous shock and other injuries.

Per the plaintiffs, the defendant’s negligence consisted of failing to maintain the motorized dock plate, causing and/or permitting the premises to be a defective and hazardous condition and failing to properly and adequately maintain the premises so as to prevent the dangerous and hazardous condition to exist, among other charges.

For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits, together with the costs and disbursements of this action and delay damages.

The plaintiffs are represented by Mitchell Clair of the Law Offices of Mitchell Clair, in Blue Bell.

The defendant is represented by Peter C. Kennedy and Elizabeth Grabey of McGivney & Kluger, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180502521

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

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Law Offices of Mitchell Clair McGivney and Kluger. PC Philadelphia County Court of Common Pleas

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