PITTSBURGH – A Western Pennsylvania woman says she suffered a serious ankle injury at a Walmart location in Moon Township, when she was caused to fall upon a large rug in the store entryway.
Avis Blackburn of Ford City filed suit in the Allegheny County Court of Common Pleas on Dec. 23 versus Walmart, Inc., of Bentonville, Ark.
“On Dec. 23, 2018, the plaintiff went to shop at the Walmart in Moon Township. While entering the store, a large throw rug in the entryway was crumpled and wrinkled. Plaintiff had a walking boot on from an injury she sustained only a week prior,” the suit states.
“There was no warning of any kind that the carpet was inappropriately placed. Moreover, no employee was present to warn customers of the defective condition of the carpet or to fix the carpet to keep customers from falling. The rug caused plaintiff to slip and fall, thereby injuring her lower ankle. She incurred ligament damage, bruising and bone injuries, some of which will never fully heal.”
The plaintiff alleges that her injuries are the direct result of the defendant’s negligence.
“As the direct, legal and proximate result of defendant’s negligence as aforesaid, plaintiff Avis Blackburn sustained the following injuries, some or all of which are or may be of a serious and permanent nature: Injuries to the ankle, injuries to her lower leg and foot, abnormal gait when walking and arthritis in her foot and ankle,” according to the suit.
“As the result of the aforesaid injuries, plaintiff has sustained the following damages: Plaintiff has suffered and will suffer pain, suffering, inconvenience, embarrassment, mental anguish and loss of enjoyment of life’s pleasures, plaintiff has incurred medical expenses, plaintiff’s ability to walk without pain and plaintiff cannot run.”
For a count of negligence, the plaintiff is seeking damages in excess of the jurisdiction of the Board of Arbitrators of this Court and in excess of $50,000, plus a trial by jury.
The plaintiff is represented by John Paul Senich Jr. and Alexander H. Lindsay of Lindsay Law Firm, in Butler.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-013015
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com