PITTSBURGH – After one year, a plaintiff who was said to have sustained a torn rotator cuff and concussion after an alleged injurious fall in a J.C. Penney’s department store hair salon settled the litigation filed against the store.
On Feb. 6, counsel for plaintiffs Marianne Palombi and Frank Palombi filed a praecipe to mark the case settled, discontinued and satisfied. Terms of the settlement were not disclosed.
The Palombis, of Carnegie, first filed suit in the Allegheny County Court of Common Pleas on Feb. 5, 2018 versus J.C. Penney Corporation, Inc., of Wilmington, Del.
On Aug. 4, 2016, Marianne alleged she was caused to fall to the ground inside the J.C. Penney’s store hair salon located in Pittsburgh’s Robinson Town Centre, causing her a number of serious injuries. Per the instant litigation, Marianne suffered a torn left rotator cuff resulting in corrective surgery, left shoulder pain, loss of range of the motion of her left shoulder, a concussion and scarring.
The plaintiffs had alleged that the defendant failed to inspect, maintain, repair or warn of the dangerous condition located in the hair salon and failed to exercise ordinary care, among other charges.
Prior to dismissal and for counts of negligence and loss of consortium, the plaintiffs were seeking damages in excess of the arbitration limits of Allegheny County, plus costs, interest and a trial by jury.
The plaintiffs were represented by Jephthah M. Orstein of Ainsman Levine, in Pittsburgh.
The defendant was represented by Joseph M. Morelli of Bennett Bricklin & Saltzburg, also of Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-001750
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com