PITTSBURGH – Counsel for Walmart and its plastic bag distributor and manufacturer counter that a lawsuit brought against it by a Butler woman, who needed surgery to repair her finger after it was torn by a grocery bag, fails to state a claim and should be barred from proceeding.
Karen and Phillip Vavro initially filed a complaint in the Allegheny County Court of Common Pleas on Dec. 31 against Walmart Inc., Novolex Holdings LL., Hilex Poly Co. and others, alleging negligence and other charges.
Karen Vavro alleged she was shopping at the Walmart Supercenter in Butler on Jan. 3, 2018. While carrying a plastic bag containing a gallon of milk between her fingers, she alleges the plastic bag handles suddenly tore into her fingers.
Vavro asserted that she sustained a finger fracture that required surgery and then needed additional surgery to correct a mallet finger deformity.
The plaintiffs alleged Hilex failed to test and/or inspect the bags and that Walmart failed to train employees not to overfill a grocery bag.
However, on Feb. 28, counsel for Walmart responded to the Vavros’ litigation and among a series of arguments, countered that she failed to state a cause of action upon which relief could be granted, that the plaintiffs’ claims are limited by the Comparative Negligence Act, that Karen Vavro contributed to her own injuries and damages and that because the plaintiffs failed to preserve the grocery bag at issue, that spoliation of evidence automatically barred all claims against Walmart.
Further, Walmart filed a cross-claim for common law contribution and indemnity against its co-defendants, alleging that if it is to be later determined that Walmart is found liable to any of the parties in the instant case, that it is entitled to contribution and/or indemnification from the other defendants.
For counts of negligence, strict products liability, breach of warranty and loss of consortium, the plaintiffs seek judgment in excess of local arbitration limits, interest, court costs and all other just relief.
The plaintiffs are represented by G. Christopher Apessos of Friday & Cox, in Pittsburgh.
The defendants are represented by Theodore M. Schaer and Gregory Michael Mallon of Zarwin Baum DeVito Kaplan Schaer Toddy in Philadelphia, plus Rebecca Sember Izsak and G. Richard Murphy of Thomas Thomas & Hafer, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-19-018398
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com