PHILADELPHIA — A shopper is suing Dollar Tree and Tormax Technology Inc., a variety store and an automatic door manufacturer, citing alleged negligence, strict liability, and breach of warranties.
Cesira Desiderio filed a complaint recently in the Court of Common Pleas Philadelphia County against the defendants, alleging they maintained and manufactured, sold and installed defective automatic doors. The defendants on Oct. 8 removed the lawsuit to Philadelphia federal court.
According to the complaint, the plaintiff alleges that on Oct. 18, 2016, she was seriously injured when the automatic doors closed on her upon her entry at the Dollar Store at 8920 Frankford Ave. She fell and sustained severe injuries in and about her head, body and limbs, the suit says.
The plaintiff holds the defendants responsible because they allegedly had a duty to inspect, keep and maintain premises in a safe condition for the plaintiff and other customers and Tormax failed to fabricate and install the doors in a reasonably safe manner.
The plaintiff requests a trial by jury and seeks an amount in excess of $50,000 plus interest and costs. She is represented by Kevin Malloy of Disandro & Malloy PC in Philadelphia.