Pennsylvania Record

Wednesday, September 18, 2019

H&M injury case in which store found favor in arbitration has judgment affirmed

State Court

By Nicholas Malfitano | Jul 12, 2019


H&M

PHILADELPHIA – An arbitration award has been satisfied in the case of an H&M customer who allegedly suffered spinal injuries in an accident at their Upper Darby store location and sued the retailer in a Philadelphia court.

On April 10, the Philadelphia County Court of Common Pleas’ Arbitration Center announced it had found for H&M and against plaintiff Markeisha Manigault, who later filed an appeal of the decision.

Then, on June 19, the docket reflected a praecipe to satisfy an arbitrators’ award mutually filed by all counsel, which marked the award in favor of the defendant satisfied in its entirety.

Manigault, of Philadelphia, first filed suit in the Philadelphia County Court of Common Pleas on Feb. 22, 2018 versus H&M (also known as “Hennes & Mauritz”), also of Philadelphia.

On Oct. 8, 2016, Manigault was a customer inside the H&M store in Upper Darby, when after entering the property, she was allegedly caused to fall on a wet surface not covered by a floor mat or anti-slip devices found at the entrance.

This incident is said to have resulted from an alleged negligence in allowing that condition to exist, failing to warn customers of the dangerous condition and failing to ensure a safe walking environment for customers, among other charges.

According to the lawsuit, Manigault incurred injuries to various body parts, including to her spine and right side; pain and suffering; loss and enjoyment of life’s pleasures; financial losses, including medical expenses; other injuries and damages suffered as a result of the incident, which occurred on Oct. 8, 2016.

Prior to the judgment being satisfied and for a count of negligence, the plaintiff was seeking damages not in excess of $50,000.

The plaintiff was represented by Peter J. McNamara in Philadelphia.

The defendant was represented by Courtney B. Schulnick of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 180202122

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Philadelphia County Court of Common Pleas

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