PITTSBURGH – The case of a Western Pennsylvania woman who alleged her broken left leg and left arm were the fault of a defective shopping cart, will now be heard in a federal court.
Deborah Davidson of Mars first 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 stated.
“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 said 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.”
UPDATE
Counsel for The Peggs Company filed a notice of removal for the case to federal court in the U.S. District Court for the Western District of Pennsylvania, on Oct. 28.
“Based upon a fair reading of the complaint, plaintiff Deborah Davidson has set forth a claim in which upon information and belief, states a claim for an amount in excess of the jurisdictional limit of $75,000, exclusive of interest and costs, may be at stake,” per the removal notice.
In addition, the defendant says diversity of citizenship necessitated removal to federal court.
“Plaintiff Deborah Davidson is a citizen of the Commonwealth of Pennsylvania. Defendant The Peggs Company, Inc. is a California corporation, with its principal place of business at 4851 Felspar Street, Riverside, CA 92509.”
“Furthermore, diversity of citizenship existed at the time the action sought to be removed was commenced and continues through the time of filing of this notice, such that defendant is entitled to removal pursuant to 28 U.S.C. Section 1441, as amended, and 28 U.S.C. Section 1446.”
According to the defense, “The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different states.”
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 is represented by Thomas DiStefano of Rawle & Henderson, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01641
Allegheny County Court of Common Pleas case GD-20-010630
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com