PHILADELPHIA – A Levittown couple have filed a lawsuit against their local Walmart store for one of the plaintiffs allegedly suffering a broken right arm upon her entrance into the store’s vestibule.
Joan Lubinski and Edward Lubinski filed suit in the U.S. District Court for the Eastern District of Pennsylvania on May 27, versus Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc. and Wal-Mart Stores East, L.P. (collectively doing business as “Walmart”), also all of Levittown.
“On March 20, 2019, plaintiff Joan Lubinski was a business invitee at the premises, having gone to the Walmart Store No. 2028 in Levittown Center to shop when, while entering the premises through its main automatic double-door entrance, she slipped and fell in the store vestibule, causing her to fall onto the floor of the premises and causing her personal injury, including but not limited to a proximal fracture of her right humerus, necessitating multiple surgical procedures,” according to the suit.
The suit says the store failed to safely maintain the premises and allowed rainwater to accumulate on the floor, leading to Lubinski’s injury.
For counts of negligence and loss of consortium, the plaintiff is seeking in excess of $50,000, plus costs, interest and any other damages appropriate by statute of rule of court.
The plaintiffs are represented by William E. Scott of Jackson Cook Caracappa & Scott, in Newtown.
The defendants are represented by Patrick J. McDonnell and Laquan T. Lightfoot of McDonnell & Associates, in King of Prussia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-02466
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com