PITTSBURGH – Walmart has settled litigation with one of its shoppers who was allegedly injured by a raised section of floor space and subsequently sued the Arkansas-based retail giant for damages connected to the injuries he claimed to have sustained.
Raymond Edge and Diane Edge of Meadville first filed suit in the Allegheny County Court of Common Pleas on Feb. 5, 2018 versus Wal-Mart Stores, L.P. of Bentonville, Ark.
On July 27, 2016, the suit said Raymond was shopping at the Walmart store in Meadville and claims handicap shopping carts, one of which he was looking to use, were stored near a raised transition strip between the cement and tile floor. As a result of coming into contact with the raised section of floor, Raymond avers he lost his balance and fell to the ground.
According to the lawsuit, the subject plaintiff sustained comminuted impacted intra-articular fracture of the left distal radius, carpal tunnel syndrome, severe pain to the left arm, shoulder and wrist, weakness to the fingers of the left hand, loss of range of motion to the left wrist, surgical scarring, plus bruises, contusions and other injuries.
The plaintiffs charged that the defendant caused and permitted the hazard in question, provided an unsafe premises for use by the public and failing to remove, repair or cordon off the unsafe condition, among other allegations.
In an answer to the case filed March 22, 2018, Walmart claimed that the statute of limitations expired on the case and that the injured plaintiff failed to mitigate his own damages, by not being contributorily negligent to the injuries that he suffered.
On June 19, counsel for the plaintiff filed a praecipe to settle and discontinue, asking the Court to mark the instant case as such. Terms of the settlement were not disclosed.
Prior to settlement and for counts of negligence and loss of consortium, the plaintiffs were seeking damages in excess of the arbitration limits of Allegheny County, plus costs, interest and such other and further relief as the Court may deem just and equitable, and a trial by jury.
The plaintiffs were represented by Michael E. Megrey of Woomer & Talarico, in Pittsburgh.
The defendant was represented by Rebecca Sember Izsak and Brook T. Dirlam of Thomas Thomas & Hafer, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-001749
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com