PITTSBURGH – A Fayette County minor alleges that she was seriously injured at her local Wal-Mart store when she slipped on yogurt which had been dropped onto the floor, and is suing the retail giant for damages.
A.N. (a minor, by and through Carissa Matty, her parent and natural guardian) initially filed suit in the Fayette County Court of Common Pleas on Dec. 3 versus Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust, of Bentonville, Ark.
“On Nov. 7, 2015, plaintiff was walking in a carefully and prudent way in the aisle/area where yogurt was sold when suddenly, and without warning. Plaintiff slipped on yogurt that had been spilled onto the floor. At all times relevant hereto, plaintiff acted with due care, attention, and regard for plaintiff’s own safety and well-being,” the suit says.
“Defendants were, or in the exercise of reasonable care should have been, aware that yogurt spilled onto the floor which was devoid of proper cautionary signage and clean-up for an unreasonably long time, more likely than not, could create a dangerous condition to business invitees in the store, such as plaintiff.”
The plaintiff alleges the store had actual knowledge of prior incidents wherein yogurt or other liquids were spilled on the floor in customer areas and, specifically, the area where plaintiff fell, and the unreasonably dangerous condition that such spills constitute.
“As a result of the slip, plaintiff sustained serious injuries, including but not limited to: Forefoot supinatus of the right lower extremity; Pes planus of the right lower extremity; Hallux abductovalgus of the right lower extremity; Salter-Harris fracture of right distal tibia; Scarring and permanent disfigurement; A limp which may be permanent in nature; Injury with damage to the bones, joints, ligaments, tendons, nerves, muscles and/or soft tissues including stiffness, loss of range of motion, soreness, and pain; Emotional pain and suffering, fear, shock, fright, embarrassment, mental anguish, anxiety and loss of well-being; and other severe and/or permanent injuries,” according to the lawsuit.
“Plaintiff has undergone numerous corrective surgeries to his/her right leg, ankle, and/or foot, has already incurred medical bills and expenses as a result of the treatment sustained, such to be borne by his/her parent on his/her behalf. Plaintiff will likely be required to undergo additional surgeries/treatment and will incur additional medical expenses, as he/she is soon reaching the age of majority. Therefore, plaintiff brings the instant action seeking an award of compensatory damages to the full extent allowed by applicable law.”
For a count of negligence, the plaintiff is seeking damages, jointly and severally, compensatory damages in an amount in excess of the limits of compulsory arbitration, plus costs of suit, applicable interest, damages for delay and such other or additional relief as this Honorable Court may deem appropriate.
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 Rebecca Sember Izsak and Brook T. Dirlam of Thomas Thomas & Hafer, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00010
Fayette County Court of Common Pleas case 1777 of 2020 GD
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com