Pennsylvania Record

Tuesday, January 28, 2020

Giant supermarket seeks to dismiss suit brought by injured deliveryman

Lawsuits

By Nicholas Malfitano | Nov 5, 2018

General court 09

PHILADELPHIA – A man said to be injured by a motorized and mechanized dock plate at a Giant grocery store has sued the supermarket chain for liability connected to negligence-related injuries, while counsel for the grocery says the plaintiff's complaint should be barred for contributory negligence.

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 claimed to be 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. The lawsuit states Marcus suffered full-body injuries, loss of bodily functions, serious and permanent disfigurement, nervous shock and other injuries.

According to 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.

Defense counsel filed an answer to the complaint on Oct. 12, charging Poteat with being responsible for his own injuries.

"Giant acted in a reasonable and prudent manner, and no act or omission of Giant caused the incident or alleged damages described in Plaintiffs’ Complaint. Plaintiff may have been negligent in failing to exercise due and proper care under the existing circumstances and conditions," the defendant's answer read, in part. 

"Plaintiff’s injuries and damages, as alleged in plaintiffs’ complaint, were caused by plaintiff’s own negligence and thus this action is barred by the Doctrine of Contributory and Comparative Negligence or, in the alternative, plaintiff’s recovery is to be reduced in accordance with the Pennsylvania Comparative Negligence Act."

For multiple 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 nick.malfitano@therecordinc.com

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Organizations in this Story

McGivney and Kluger. PCPhiladelphia County Court of Common PleasLaw Offices of Mitchell Clair

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