PITTSBURGH – A Western Pennsylvania man alleges that a Pepsi employee collided into him while pushing a cart full of products in a Getgo supermarket in Pittsburgh, leading him to fall and become seriously injured.
Michael Connolly of Oakmont filed suit in the Allegheny County Court of Common Pleas on Dec. 9 versus Giant Eagle, Inc. (doing business as “Getgo”) and Chad Fink of Pittsburgh, plus Pepsi Co., Inc. of Purchase, N.Y.
“On June 11, 2020, at approximately 11:30 a.m., plaintiff was a business invitee, licensee and/or otherwise legally on defendants’ premises. While on defendants’ premises of the Getgo, the plaintiff was struck by a Pepsi Co., Inc. employee pushing a dolly cart of products, located near the entrance/exit. The contact caused plaintiff to fall to the ground, causing serious and permanent personal injuries,” the suit states.
“As a direct and consequential result of the negligent and/or careless conduct of the defendants, the plaintiff sustained injuries, including, but not limited to, tearing of the supraspinatus tendon, at humeral head attachment of the left shoulder, as well as injuries to the left leg.”
The plaintiff says the defendants’ collective negligence was the proximate cause of his injuries.
“As a result of these injuries, all or some of which may permanent in nature, and all of which are to plaintiff’s great financial detriment and loss; Plaintiff has suffered and will continue to suffer great anguish, pain, sickness, agony, and embarrassment,” per the suit.
“As a result of defendant’s negligence and carelessness, as aforesaid, plaintiff has suffered permanent scarring and disfigurement. As an additional result of the carelessness and negligence of defendant, plaintiff has suffered emotional injuries, along with the physical injuries suffered. As a further result of plaintiff’s injuries, plaintiff suffered a loss of earnings and/or earning capacity, all to plaintiff’s further loss and detriment.”
For multiple counts of negligence, the plaintiff is seeking damages in excess of $35,000, plus all costs, other relief the Court deems just and a trial by jury.
The plaintiff is represented Marc I. Simon of Simon & Simon, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012461
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com