Pennsylvania Record

Sunday, October 20, 2019

PetsMart sued by man who says he slipped in ear cleaner after Bullmastiff shook its head


By Gabriel Neves | Apr 12, 2019


PHILADELPHIA – A lawsuit filed by a Norristown couple regarding a slip and fall inside PetSmart and Banfield Pet Hospital in Plymouth Meeting has taken a turn as the companies recently filed to remove the case to a federal court.

PetsMart and the pet hospital filed the motion March 12 in U.S. District Court for the Eastern District of Pennsylvania to remove the lawsuit filed by Cornelius and Iris Potts in the Montgomery County Court of Common Pleas. 

Both defendants alleged diversity of citizenship in the case as PetSmart has its headquarters in Arizona, and Banfield in the state of Washington. As stated in the motion, "as a result, there is a complete diversity of citizenship between" the plaintiffs and the defendants.

The defendants also alleged that the amount in controversy exceeded $75,000, condition for removing the case.

In the lawsuit, Cornelius Potts claimed he slipped and fell at Banfield Pet Hospital where he and his wife took their dog for grooming.

"On or about Feb. 4, 2017, the incident date, plaintiffs Cornelius and Iris Potts, hired the above defendants individually or jointly for the purpose of having veterinary and grooming services performed on their pet, a 200-pound Bull Mastiff. Specifically the services sought by the plaintiffs and provided by the defendants were rinsing out the dog's ears and clipping the dog's nails," the original complaint said.

While Cornelius was attempting to hold the dog while its ears were being examined, he "was caused to slip and fall backwards on the wet and slippery floor, striking his head on the floor, the result of which caused him to suffer serious and permanent personal injuries and damages," the suit said.

U.S. District Court for the Eastern District of Pennsylvania Case No. 2:19-cv-01059-WB

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Montgomery County Court of Common Pleas U.S. District Court for the Eastern District of Pennsylvania

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