PHILADELPHIA – Litigation between a Levittown couple and their local Walmart store, initially brought after one of the plaintiffs allegedly suffered a broken right arm upon her entrance into the store’s vestibule, has been ended.
Joan Lubinski and Edward Lubinski first 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 said the store failed to safely maintain the premises and allowed rainwater to accumulate on the floor, leading to Lubinski’s injury.
UPDATE
On Aug. 25, counsel for the defendants sought a dismissal for the complaint with prejudice and without costs. It was not clear if the case had been settled, and thus, any terms concluding the suit were not available.
U.S. District Court for the Eastern District of Pennsylvania Judge Anita B. Brody authorized the dismissal that same day.
Prior to dismissal and for counts of negligence and loss of consortium, the plaintiff was seeking in excess of $50,000, plus costs, interest and any other damages appropriate by statute of rule of court.
The plaintiffs were represented by William E. Scott of Jackson Cook Caracappa & Scott, in Newtown.
The defendants were 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