PITTSBURGH — A DeLiv driver who slipped on an icy and snow-covered sidewalk while making a delivery is claiming negligence by the homeowners.
Carrie Capone filed a complaint June 2 in the Court of Common Pleas of Allegheny County against Michael Malandra and Margaux Malandra alleging negligence.
Capone was a driver for DeLiv on Jan. 8, 2020, and was delivering a pickup from Macy's and Home Depot to the home of the defendants, according to her complaint. She alleges that on that date, two snow squalls hit the area and covered the defendants' sidewalk.
Capone claims as she walked on the sidewalk in front of the Malandras' home with their delivery, it was covered in ice and snow which caused her to slip and fall. She further claims she suffered injuries to her feet, ankles, legs, hips, back, neck and head including fractures and sprains and required surgical procedures and physical therapy.
Capone alleges the defendants had directed her to pick up the items and were notified when she was on her way to their home, yet allowed the dangerous condition to exist and failed to warn of the icy and slippery sidewalk hazard.
Capone seeks monetary relief, trial by jury and all other just relief. She is represented by Thomas McClain of Bugan & Associates in Pittsburgh.