PITTSBURGH – A Pittsburgh man alleges that a local Ace Hardware store had its mat by the entrance doors unevenly positioned, which he says led him to fall and suffer serious injuries, including a broken arm and leg.
Paul Capenos of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Sept. 22 versus Greentree Hardware & Electric, Inc. and Charles A. Bickel (both doing business as “Ace Fix-It Hardware”), also of Pittsburgh.
“On Sept. 27, 2019, plaintiff Paul Capenos, was exiting the Ace Fix-It Hardware store located at 1079 Greentree Road, Pittsburgh, Allegheny County, Pennsylvania, when he was caused to trip and fall on an uneven and dangerous mat, which was not flush to the ground, located in the vestibule of the store causing him to sustain serious and severe injuries,” the suit states.
The plaintiff alleges the defendants caused, allowed, and/or permitted a dangerous and hazardous condition to exist on a pedestrian, failed to provide a reasonably safe walking surface for pedestrians, failed to provide a safe means of ingress and egress from the premises and failed to eliminate tripping hazards from the premises, namely the uneven and frayed mat, among other allegations of negligence.
As a result of the defendants’ negligence, Capenos suffered right shoulder dislocation requiring reduction; right displaced proximal humerus fracture; right shoulder pain; left tibial plateau fracture; left knee pain; left knee swelling; decreased range of motion; decreased strength, decreased mobility and increased need for assistance from others; impairment of ability to perform activities of daily living; severe shock, strain, or sprain of the nerves, muscles, tissues, ligaments, and vessels of the musculoskeletal system and other serious and severe injuries.
For multiple counts of negligence, the plaintiff is seeking damages in excess of the arbitration limits of Allegheny County, costs and Pa. R.C.P. 238 delay damages, plus a trial by jury.
The plaintiff is represented by Brad D. Trust and Amber L. Manson of Edgar Snyder & Associates, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-010087
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com