PHILADELPHIA – A local woman shopping at a suburban location of Designer Shoe Warehouse and who was injured after falling into an aisle’s endcap shelf, has brought suit against the footwear retailer.
Lauren Holley of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on Feb. 17 versus Designer Shoe Warehouse and Wynnewood Shopping Center of Wynnewood, Federal Realty Investment Trust of North Bethesda, Md. and Federal Realty Investment Trust, of Harrisburg.
“On or about May 26, 2021, plaintiff was a business invitee inside the DSW Designer Shoe Warehouse commonly known as the DSW located at 80 E. Wynnewood Road, Wynnewood, PA 19096. While walking in the aisle inside the store, she was caused to slip, trip and fall into the endcap shelf which was an unreasonably dangerous condition of said premises,” the suit says.
“As a direct and proximate result of the aforesaid incident, plaintiff sustained a right hand and right shoulder injury (i.e., right shoulder rotator cuff tear), by reason of which she has experienced and will continue to experience pain and suffering, loss of enjoyment of life’s pleasures, embarrassment and humiliation, and disfigurement.”
The suit maintains that the defendants’ collective negligence caused the incident to occur, by way of not providing a reasonably safe walkway for individuals such as the plaintiff and failing to keep the premises in a reasonably safe condition, among other reasons.
“At all times material hereto, defendant's acts and/or omissions were accomplished by defendant’s agents, workers, representatives and/or employees who were then and there acting and/or failing to act within the scope and course of their agency and/or employment,” the suit states.
“At all times material hereto, defendant owned, possessed, controlled, managed, supervised, repaired, inspected and/or maintained the aforesaid premises, including but not limited to the area where the subject incident occurred.”
The defendants then removed the case to the U.S. District Court for the Eastern District of Pennsylvania on March 23, due to the plaintiffs rejecting an offer to cap the amount of demanded damages.
“The plaintiff is, and at the time of the filing of this action, a citizen of the State of Pennsylvania. Defendant Designer Brands, Inc., is an Ohio corporation with a principal place of business in the State of Ohio. Defendant Federal Realty Trust Inc., is a Maryland corporation with a principal place of business in Maryland. Under 28 U.S.C. Section 1441(b), in determining whether the Court has original jurisdiction based upon diversity of citizenship, the citizenship of any defendant sued under a fictitious name is to be disregarded. In her complaint, plaintiff alleges she sustained severe personal injuries and damages as customer in a store owned by defendant. Thus, there is complete diversity of citizenship between plaintiff and defendant,” the removal notice stated.
“On March 16, 2022, counsel for defendant sent a letter to plaintiff’s counsel to request that they sign a stipulation to cap plaintiff’s recoverable damages at $75,000. To date, plaintiff has not agreed to sign the stipulation. Upon information and belief, defendant is filing said notice in compliance with the requirements under 28 U.S.C. Section 1446(b). By reason of the foregoing, a removal of the action to this Court is proper, under 28 U.S.C. Sections 1332(a), 1441(a). The statutory requirements having been met; the state action is properly removed to U.S. District Court for the Eastern District of Pennsylvania.”
For multiple counts of negligence, the plaintiff is seeking damages, individually, jointly and/or severally, in an amount not in excess of $50,000, together with interest, costs of suit and such other relief as this court deems just.
The plaintiff is represented by William J. Faust II of the Law Offices of William J. Faust II, in Philadelphia.
The defendants are represented by Justin A. Bayer of Kane Pugh Knoell Troy & Kramer, in Norristown.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-01116
Philadelphia County Court of Common Pleas case 220201917
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com