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Giant Eagle update: Store says woman who fell in produce department shouldn't win case

PENNSYLVANIA RECORD

Thursday, November 21, 2024

Giant Eagle update: Store says woman who fell in produce department shouldn't win case

State Court
Gianteagle

Giant Eagle

PITTSBURGH – The Giant Eagle grocery store chain has countered that it is not responsible for bodily injuries suffered by a Pittsburgh woman in the produce section of its supermarket in Monroeville.

Rebecca Stile of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Sept. 28 versus Giant Eagle, Inc., of Monroeville.

Stile said she was shopping in the Monroeville Giant Eagle grocery store on Aug. 10, 2019, where she came upon the produce section – featuring products which the suit stated need continuous moisture and irrigation to be properly maintained for sale.

The plaintiff argued that the store negligently allowed water from the produce irrigation system to spread to the floor. However, she adds the store did not provide warning of slipping hazards on the store floor created by the produce irrigation.

As a result of that inherently dangerous condition, Stile said she fell when shopping in the aisle, and suffered serious injuries to her head, arms, knee and back in the process.

UPDATE

Counsel for Giant Eagle filed an answer to the complaint on Oct. 23, denying responsibility for any and all claims of alleged negligence leveled against it – saying instead liability for the accident should be directed elsewhere – and included new matter.

“At all times relevant and material to this action, Giant Eagle acted with ordinary and prudent care and skill with respect to the areas under its control at the Giant Eagle store located in Monroeville, PA,” the store’s answer read.

“Giant Eagle avers that the incident described in plaintiff’s complaint and the injuries and damages allegedly sustained by plaintiff may have resulted from the negligent acts and/or omissions of persons or entities who were not servants, agents or employees of Giant Eagle and who were not acting within the course or scope of any employment with Giant Eagle.”

For a count of negligence, the plaintiff is seeking damages in excess of the arbitration limits of this county, including fees and costs as deemed appropriate by the Court, plus a trial by jury

The plaintiff is represented by David C. Brumfield of Alpern Schubert, in Pittsburgh.

The defendant is represented by James F. Rosenberg of Marcus & Shapira, also in Pittsburgh.

Allegheny County Court of Common Pleas case GD-20-010259

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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