PHILADELPHIA – A Pennsylvania woman who claimed she was struck and injured by a cart while shopping, one allegedly pushed into her by an employee of either the Pepsi Cola Company or the Dollar General store she was in at the time, has settled her claims.
Marie Leiby and Richard Leiby of Germansville first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 5, 2020 versus The Pepsi Bottling Group, Inc. (later amended to “Bottling Group, LLC”) of Purchase, N.Y. and Dollar General Corporation of Goodlettsville, Tenn.
Plaintiff Marie Leiby was shopping in the Dollar General store in Schnecksville earlier this year, on Aug. 31, according to the suit.
“On Aug. 31, 2020, plaintiff was a customer of the Store and was inside the store premises walking in an area designated by defendant, Dollar General, for customer pedestrian traffic. On the date and at the time and place as aforesaid, an agent, servant, workman and/or employee of defendant, Dollar General, or defendant, Pepsi Bottling, acting within the course and scope of his or her employment for his or her employer, was also inside the Store and possessed a cart,” the suit stated.
“On the date and at the time and place as aforesaid, said employee was in a position out of plaintiff’s view of said person, either completely behind or to the side of plaintiff, and while either walking or standing, pushed or placed a cart possessed by said employee into plaintiff, and the cart struck her, causing her to fall and to suffer the injuries and damages.”
Leiby claimed the employee responsible failed to observe and avoid striking her with the cart; failed to place or push the cart when plaintiff was within striking distance of the cart; continued to approach plaintiff when the defendant knew or should have known that she could not observe the approach and walked so close to her that she could be struck by the cart, among other negligence-based allegations.
Leiby alleged to have suffered full-body injuries due to the incident.
“Solely as a result of the carelessness and negligence of defendant, plaintiff was caused to suffer injuries to her bones, joints, muscles, tendons, blood vessels and soft tissues throughout her entire body, both internally and externally, all of which may be permanent, including, but not limited to: multiple fractures to the left knee cap requiring surgery and causing internal derangement of the bones and tissues of the knee,” the suit stated.
Bottling Group, LLC filed an answer along with affirmative defenses to the case on Jan. 29.
“Plaintiffs’ complaint fails to state a claim upon which relief may be granted and plaintiffs’ claims may be barred and/or limited by the doctrines of contributory and/or comparative negligence,” the answer stated in part.
“Plaintiffs’ claims may be barred and/or limited to the extent it is determined that any damages or losses allegedly suffered by plaintiffs were not caused by this defendant but were caused by individuals and or entities for whom this defendant exercises no control and whose conduct this defendant cannot be held liable.”
UPDATE
U.S. Magistrate Judge Timothy R. Rice announced that the case had been settled on Sept. 7 and therefore, dismissed with prejudice and without costs. Terms of the settlement were not disclosed.
“It having been reported that the issues between the parties in the above action have been settled and upon Order of the Court pursuant to the provisions of Rule 41.1(b) of the Local Rules of Civil Procedure of this Court (effective July 1, 1995), it is ordered that the above action is dismissed with prejudice, without costs, pursuant to the agreement of counsel,” Rice said.
Prior to settlement and for multiple counts of negligence and loss of consortium, the plaintiffs were seeking damages in excess of in $75,000, plus interest, costs of suit, delay damages, other relief as this Honorable Court deems just and proper, and a trial by jury.
The plaintiffs were represented by Mark K. Altemose of Cohen & Feeley, in Bethlehem.
The defendant were represented by Randy C. Greene of Dugan Brinkmann Maginnis & Pace in Philadelphia, and Sean P. Hannon of Dell Moser Lane & Loughney, in Pittsburgh.
U.S. District Court for the Eastern District of Pennsylvania case 5:20-cv-04898
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com