PITTSBURGH – A Western Pennsylvania woman says her broken left leg and left arm are the fault of a defective shopping cart, and has brought legal action against the manufacturer of the cart for her damages.
Deborah Davidson of Mars filed suit in the Allegheny County Court of Common Pleas on Oct. 7 versus The Peggs Company, Inc., of Riverside, Calif.
“On Feb. 20, 2020, plaintiff was shopping in the TJ Maxx located at 1717 Route 228, Cranberry Township, PA, 16066. At all times relevant on such date, plaintiff was utilizing a shopping cart that TJ Maxx made available, a two-tiered/two-basket cart that was designed, manufactured, produced, distributed, and/or sold by defendant,” the suit states.
“The cart was and is defective and dangerous. Specifically, and without limitation, the orientation, alignment, physical layout, and geometry of the handle and the rear wheels/casters was dangerous and defective, as the said wheels protrude some 2¼ inches beyond the handle.”
Though Davidson says she used the cart in a reasonable manner, she claims she was grievously injured.
“Plaintiff stepped laterally to examine a product to her left when she unexpectedly tripped on the rear caster of the defective cart and fell to the ground. Davidson was transported to the emergency room at UPMC Passavant, where she was diagnosed with a broken left (proximal) femur and a broken left humerus, both of which required surgery,” per the suit.
“She developed post-operative diabetic ketoacidosis, requiring a lengthy stay in the ICU. She has since also suffered from pain, numbness, weakness, foot drop, and neuropathy in her left leg and foot. These injuries were caused by the defective cart designed, manufactured, produced, distributed, and/or sold by defendant; Plaintiff thus brings the instant suit against defendant to recover all legally cognizable damages for her significant injuries.”
For counts of strict product liability (both design defect and lack of warning) and negligence, the plaintiff is seeking compensatory damages in a sum in excess of the applicable arbitration limits plus all interest, costs, delay damages and such other or additional relief as this Court may deem appropriate, plus a trial by jury.
The plaintiff is represented by Noah P. Fardo, William F. Rogel and Jaclyn M. DiPaola of Flaherty Fardo Rogel & Amick, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-010630
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com