PITTSBURGH – A Victoria’s Secret shopper is suing the women’s apparel retailer for damages, after she says she was injured in a fall on the tiled floor of the defendant’s store located in the South Hills Village shopping mall.
Constance M. McClusky and Thomas McClusky of Washington filed suit in the Allegheny County Court of Common Pleas on July 22 versus Victoria’s Secret, LLC, of Bethel Park.
“On or about Aug. 5, 2019, at approximately 5 p.m., the wife-plaintiff was lawfully on the premises of the defendant’s retail store as a business invitee. Wife-plaintiff was emerging from defendant Victoria’s Secret store and traversing the entryway of the store, when she encountered a hazardous condition consisting of a build-up of polish and/or cleaning product, which in turn caused the floor tiles to be excessively slippery, of which there was no warning,” the suit states.
“As a result of the unsafe, dangerous and/or otherwise hazardous condition, the wife-plaintiff was caused to fall, causing her to sustain severe and serious injuries as will be described herein.”
The plaintiffs charge the defendant with failing to remedy the hazardous condition in the store’s entryway, which resulted in Constance McClusky falling and suffering injuries to her left olecranon, left tricep, left upper extremities and nervous system, plus scarring and disfigurement.
For counts of negligence and loss of consortium, the plaintiff is seeking damages in excess of the arbitration limits of the Court, plus costs, delay damages and a trial by jury.
The plaintiffs are represented by William D. Phillips and Laura D. Phillips of Phillips Phillips & Smith-DeLach, in Washington.
The defendant is represented by Angela Marie Alexander-Savino of Perez & Morris, in Columbus, Ohio.
Allegheny County Court of Common Pleas case GD-20-001960
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com