PITTSBURGH – A personal injury plaintiff says the errant placement of a box or crate in a pedestrian pathway is the direct and proximate cause of his head, hand and leg injuries.
Charles Lyles of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Oct. 30 versus Family Dollar Stores of Pennsylvania, LLC of Chesapeake, Va. and Family Dollar Store No. 1982, of Pittsburgh.
Lyles avers he was shopping in the subject store on April 9, 2019, when the dangerous condition presented itself and the subject incident took place.
“This aforesaid dangerous condition consisted of a box/crate/tote and/or otherwise a dangerous trip hazard in a walkway and/or pedestrian pathway that created an unsafe, uneven condition upon the site and a neglect to have said situation fixed, repaired and/or otherwise properly remedied. As plaintiff was carefully and lawfully walked on the aforementioned area of the site, he encountered and/or came into contact with the aforesaid dangerous condition causing him to trip and fall and thereby sustain the injuries and damages complained of,” the suit says.
“Due to the negligence, carelessness and/or recklessness of defendant in causing, creating and/or failing to correct the aforesaid dangerous condition, plaintiff came into contact with said condition and thereby fell, thus sustaining the injuries and damages complained of.”
The plaintiff alleges that the defendant “caused and/or permitted the dangerous, hazardous and unsafe condition to exist and remain on the subject area of the site.”
“As a direct and proximate result of the negligence, carelessness and/or recklessness of the defendant, Family Dollar, plaintiff sustained the following injuries and damages, some or all of which may be of a permanent nature: Severe pain and discomfort to the upper right extremity, including laceration and open dislocation of the fifth finger, severe re-injury to the upper right extremity and a second and third dislocation of the fifth finger, severe pain and discomfort to the head, severe injury to the head, including laceration to the forehead, severe pain and discomfort to the left shin, including swelling and edema, severe emotional distress and shock to his nerves or nervous system,” per the suit.
“As a result of his injuries, plaintiff has undergone and continues to undergo great pain and suffering and inconvenience, may have suffered a permanent disability and permanent impairment of his earning power and capacity and may have sustained a permanent diminution of the ability to enjoy life and life’s pleasures.”
For two counts of negligence, the plaintiff is seeking damages in excess of $35,000, plus a trial by jury.
The plaintiff is represented by David K. Houck of Ogg Murphy & Perkosky, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-011252
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com