PITTSBURGH – A Pittsburgh woman stands by her claims that the Giant Eagle grocery store chain is liable for various bodily injuries that she says she suffered in the produce section of its store in Monroeville.
Rebecca Stile of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Sept. 28 versus Giant Eagle, Inc., of Monroeville.
Stile said she was shopping in the Monroeville Giant Eagle grocery store on Aug. 10, 2019, where she came upon the produce section – featuring products which the suit states need continuous moisture and irrigation to be properly maintained for sale.
The plaintiff argued that the store negligently allowed water from the produce irrigation system to spread to the floor. However, she added the store did not provide warning of slipping hazards on the store floor created by the produce irrigation.
As a result of that inherently dangerous condition, Stile said she fell when shopping in the aisle, and suffered serious injuries to her head, arms, knee and back in the process.
Counsel for Giant Eagle filed an answer to the complaint on Oct. 23, denying the assertions of Stile’s suit and providing new matter to the suit.
“The averments contained in plaintiff’s complaint contain conclusions of law to which no response is required, therefore, they are denied. To the extent that a response is deemed to be required, the averments are denied,” the answer stated.
Aside from denying the substance of the plaintiff’s complaint, the defendant also argued new matter should preclude Stile’s case.
“At all times relevant and material to this action, Giant Eagle acted with ordinary and prudent care and skill with respect to the areas under its control at the Giant Eagle store located in Monroeville, PA,” the new matter said.
“Giant Eagle avers that the incident described in plaintiff’s complaint and the injuries and damages allegedly sustained by plaintiff may have resulted from the negligent acts and/or omissions of persons or entities who were not servants, agents or employees of Giant Eagle and who were not acting within the course or scope of any employment with Giant Eagle.”
On March 12, counsel for the plaintiff reiterated her claims and denied the contents of the defendant’s new matter.
“As more fully set forth at length in the complaint, defendant and its employees, agents and servants failed to properly care for the produce are of the store in question. To the contrary, only the defendant, its agents, servants and employees have the access, control and means necessary to create the hazard that caused the plaintiff’s fall,” per the plaintiff’s response.
For a count of negligence, the plaintiff is seeking damages in excess of the arbitration limits of this county, including fees and costs as deemed appropriate by the Court, plus a trial by jury
The plaintiff is represented by David C. Brumfield of Alpern Schubert, in Pittsburgh.
The defendant is represented by James F. Rosenberg of Marcus & Shapira, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-010259
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com