PITTSBURGH – Old Navy argues that a woman injured after a sign hanging over a display allegedly fell on her while shopping at the retailer’s Allegheny County store is to blame for her own injuries.
Tammie Colucci and Michael Colucci filed a complaint on Dec. 3 in the U.S. District Court for the Western District of Pennsylvania against The GAP, Inc. (doing business as “Old Navy”), Old Navy, LLC and Plaza Pointe, LLC.
(Defendants The GAP, Inc. and Plaza Pointe, LLC were dismissed from the litigation without prejudice on Feb. 5, leaving Old Navy, LLC as the sole defendant.)
According to the complaint, Tammie Colucci was shopping at the Old Navy store in Coraopolis, when a sign hanging over a display fell and struck her in her eye. Colucci alleged she suffered injuries to her right eye lid and side of her face.
The plaintiffs alleged Old Navy should have known and fixed the dangerous condition of the signage/displays.
On Jan. 30, defendant Old Navy, LLC filed a response to the litigation. In it, the company denied the Colucci’s allegations in their entirety and upheld 14 affirmative defenses against the complaint. Among them were:
• The plaintiff’s injuries were caused by her own conduct;
• The plaintiff’s claims are barred as the alleged condition was open and obvious;
• The plaintiff’s complaint failed to state a claim upon which relief may be granted against answering defendant; and
• The plaintiff’s claims are barred, in whole and/or in part, by the appropriate statute of limitations.
On Feb. 14, U.S. District Court Judge J. Nicholas Ranjan referred the case to mediation, which had a completion deadline date of April 14.
For counts of negligence and loss of consortium, the plaintiffs seek monetary relief in excess of $75,000 plus interest and costs, a trial by jury and all other just and proper relief.
The plaintiffs are represented by Bryan S. Neiderhiser and Russell J. Bopp of Marcus & Mack, in Indiana, Pa.
Defendant Old Navy, LLC is represented by Robert W. Hershman Jr. of Mallon Blatcher, in Media.
U.S. District Court for the Western District of Pennsylvania case 2:19-cv-01551
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com