MEDIA – A Lansdale woman alleges that her local Big Lots store created and failed to repair a tripping hazard on its premises, which led to her falling and becoming seriously injured while she was shopping there.
Dianitza Nieto-Kuller filed suit in the Delaware County Court of Common Pleas on Feb. 4 versus Big Lots Store, Inc. (c/o CT Corporation System), of Harrisburg.
“On or about May 27, 2019, plaintiff was lawfully upon the premises shopping, exercising all due care and caution for her safety, walking in one of the premises’ aisles open and intended for business invitees’ use,” the suit says.
“At the aforesaid time and location, as plaintiff walked with all due care and caution through the aisle, she suddenly and without warning tripped over a wooden frame that was lying in the aisle, and fell, forcefully striking her head and body on the ground, suffering personal injuries. Upon information and belief, the aforesaid wooden frame which had fallen off of an overloaded restocking cart left unattended by an agent, ostensible agent, workman, employee, servant and/or borrowed servant of defendant Big Lots.”
The suit says the aforesaid wooden frame created a tripping hazard that was not readily visible to customers, such as plaintiff, when they walked in the premises.
“Defendant Big Lots’ negligence and carelessness, and the resulting dangerous condition of the premises were the direct and proximate cause of plaintiff’s fall and resulting injuries. At all times material hereto, plaintiff was exercising due care and caution for plaintiff’s safety and in no manner contributed to her fall or her resulting injuries,” according to the lawsuit.
“As a direct and proximate result of the negligence and carelessness of defendant Big Lots, the resulting hazardous condition, and plaintiff’s subsequent fall and her resulting injuries, plaintiff suffered and/or may continue to suffer severe and potentially permanent physical injuries and scarring, severe pain, anxiety, depression, emotional distress, embarrassment, loss of life’s pleasures and enjoyment of life.”
For a lone count of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, costs, delay damages and such further relief as this Court may deem appropriate and a trial by jury.
The plaintiff is represented by Christopher E. Paddock of Ostroff Law, in Blue Bell.
The defendant has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2021-001356
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com