PITTSBURGH – An Aldi supermarket in Western Pennsylvania is suing a Philadelphia company for damages resulting from a parking lot collision, between one of the company’s vehicles and its shopping cart corral.
Aldi Inc. Saxonburg Division of Saxonburg filed suit in the Allegheny County Court of Common Pleas on Feb. 2 versus Reyes Holdings, LLC, of Philadelphia.
“At all materials times hereto, plaintiff is/was the owner of a shopping cart corral located on the property attendant to the Aldi Market at 2628 East Carson Street, Pittsburgh, Pennsylvania 15203. At all times material hereto, the subject cart corral was a fixed, permanent structure upon the subject premises,” the suit states.
“At all times material hereto, defendant Reyes Holdings, LLC was the owner of a motor vehicle/truck being operated by its duly authorized agent, servant, workman or employee while in the course and scope of employment and/or business relationship with defendant Reyes Holdings, LLC.”
On April 16, 2019, a truck being operated by defendant Reyes Holding, LLC’s duly authorized agents, servants, workmen or employees struck the subject cart corral, resulting in the corral being significantly damaged, with debris and materials strewn around the subject premises, requiring an emergency assessment
“FranJo Construction determined that the subject cart corral was damaged beyond repair and needed to be removed with cleanup of the area in order to remedy the hazard and dangerous condition posed to the public as a result of the negligence and carelessness of defendant Reyes Holdings, LLC. As a result of the emergency cleanup and removal effort, plaintiff incurred a cost of $1,472.85,” per the suit.
“A replacement shopping cart corral was designed and manufactured for the subject premises at a cost of $36,975, while the replacement shopping cart corral was installed by F5 Facility Services at a cost of $2,650.”
The plaintiff says the defendant failed to keep the truck under proper and adequate control, operated the truck in a careless and inattentive manner and operated the truck at a speed greater than will permit the driver to bring the vehicle to a stop within the assured clear distance ahead, in violation of state law and common law.
For counts of negligence and vicarious liability, the plaintiff is seeking damages in excess of the arbitration limits of the Honorable Court plus interest, costs, delay damages, any and all recoverable damages available at law, plus a trial by jury.
The plaintiff is represented by Michael A. Weiner of Bennett Bricklin & Saltzburg, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-000946
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com