PITTSBURGH – The daughter and husband of a deceased Beaver Falls woman are litigating with Walmart for alleged negligence-related damages connected to severe leg injuries she suffered in a local Walmart store prior to her passing.
Danielle Barrett (individually and as Administratrix of the Estate of Janet Simon, deceased) and Joseph Simon of Beaver Falls filed suit in the Allegheny County Court of Common Pleas on Sept. 21 versus Wal-Mart Stores East, L.P. and Wal-Mart Stores East, Inc. (both doing business as “Wal-Mart Supercenter”) of Harrisburg.
“On or about July 3, 2020, decedent was lawfully upon the premises shopping, exercising all due care and caution for her safety, riding an electric cart in one of the premises’ aisles open and intended for business invitees’ use. At all times relevant hereto, decedent was a business invitee on the premises and was owed the highest duty of care by the defendants,” the suit says.
“At the aforesaid time and location, as decedent drove her cart with all due care and caution through the aisle, she suddenly and without warning had her leg tom open by a sharp clothing display which protruded into the customer aisle and caused decedent to suffer life-threatening injuries. The sharp clothing display protruding into the customer aisle created a hazard which was not readily visible or discernible as business invitees, such as decedent moved about the premises.”
The plaintiffs claimed that Walmart had constructive notice of the condition and failed to remedy it or make the premises safe for customers.
“As a direct and proximate result of the individual, joint and/or several negligence and carelessness of defendants, the resulting hazardous condition, and decedent’s subsequent injury, decedent suffered: severe physical injuries including significant laceration to her leg; severe pain; anxiety, depression, and emotional distress; embarrassment; loss of life’s pleasures and enjoyment of life,” the suit states.
“As a direct and proximate result of the individual, joint and/or several negligence and carelessness of defendants, the resulting hazardous condition, decedent’s injuries, decedent underwent extensive reasonable and necessary medical treatments, including 31 stitches to her leg, skin grafting and multiple revision procedures.”
Janet later passed away on Oct. 4, 2020.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages, individually, jointly and/or severally, in excess of $50,000, together with such further relief as may be appropriate.
The plaintiffs are represented by Christine V. Clarke of Ostroff Law, in Blue Bell.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-011461
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com