PITTSBURGH – Punitive damages may be off the table for a lawsuit brought by an Allegheny County man who said his young daughter suffered a head injury and facial scarring after she hit her head on the sharp, angular edge of a restroom’s free-standing sink at Bed Bath & Beyond.
Jonathan Matthews (on behalf of his minor child, R.M.) of Allegheny County first filed suit in the Allegheny County Court of Common Pleas on Oct. 29 versus Bed Bath & Beyond, Inc., of Monroeville.
The lawsuit complained that the store did not have a family restroom, requiring his young daughters to use the women’s restroom without his supervision.
“On Sept. 3, 2020, Matthews was lawfully at the subject location with two of his children, R.M. (three years old) and A.M. (eight years old) at Corporation’s retail store at the subject location. While in the subject location, R.M. indicated that she had to use the restroom. Matthews, R.M. and A.M. walked to the public restrooms located in the subject location,” the suit states.
“Matthews waited outside the women’s restroom while A.M. and R.M. entered the restroom. Upon entry of the restroom, R.M. encountered a ‘free standing’ sink. This sink had sharp angular edges and was the precise height of R.M.’s forehead. R.M.’s head hit the sink’s angular and sharp edge.”
Matthews said he and his children were frightened by the occurrence, and R.M. was taken to the hospital for treatment for her head laceration.
“Corporation has a duty of care and responsibility to their business invitees, including but not limited to R.M. to reasonably and safely design its facilities. As a direct and proximate result of Corporation’s breaches, R.M. suffered physical injury, specifically, her lacerated forehead, and future facial scarring,” per the suit.
“R.M.’s injury was reasonably foreseeable, as Corporation is open to the public, Corporation did not have a “Family” or unisex bathroom, sharp angular edges have a high likelihood of causing injuries including but not limited to lacerations, and almost every human being, between birth and full growth, will at some point, will have their head at the exact height of the sharp angular sink.”
UPDATE
Both parties agreed via mutual stipulation to dismiss an allegation of Bed Bath & Beyond being aware of the dangerous construction and design of its restroom sink and failing to warn customers.
“It is stipulated by and between the undersigned counsel that Averment 42 of plaintiff’s complaint stating ‘Corporation’s conduct was outrageous, reckless, and wanton in that it was aware of the design and construction of the bathroom and did not provide any warning to customers’ is hereby stricken from plaintiff’s complaint without prejudice. Additionally, any and all allegations of ‘outrageous, reckless and/or wanton conduct’ are also stricken from plaintiff’s complaint without prejudice,” the stipulation read.
For a count of negligence, the plaintiff is seeking damages in excess of the arbitration limits of the county, plus costs, interest and a trial by jury.
The plaintiff is represented by Martell Harris of The Trial Law Firm, in Pittsburgh.
The defendant is represented by Elizabeth A. Chalik of Kennedys CMYK, in Philadelphia.
Allegheny County Court of Common Pleas case GD-20-011243
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com