SCRANTON – A Montgomery County woman who slipped on ice at an Amazon Fulfillment Center in Hazelton has launched litigation against the retailer for negligence.
Lauren M. Hammond-Pabon of Norristown initially filed suit in the Luzerne County Court of Common Pleas on April 8 versus Amazon.com Services, LLC, Amazon Logistics, Inc. and Amazon.com, Inc. of Seattle, Wash. and 550 Oak Ridge Road, LLC of Harrisburg.
“On Feb. 11, 2020, plaintiff Hammond-Pabon drove a tractor-trailer from Easton, Pennsylvania to the Amazon Fulfillment Center at 550 Oak Ridge Road in Hazelton, Pennsylvania, intending to drop off her fully-loaded trailer at the Amazon Fulfillment Center and pick up an empty trailer to drive back to Easton. Upon arrival at the Amazon location in Hazelton, the plaintiff was directed by agents of the defendants to the ‘off lot’ to drop off her trailer. Upon unloading her trailer at the off lot, plaintiff located the empty trailers and connected her tractor to one of the empty trailers,” the suit says.
“After connecting her tractor to the empty trailer, plaintiff got out of her tractor to wind up the empty trailer’s landing gear. As plaintiff was walking from her tractor to her trailer, she slipped on ice that had accumulated beneath standing water. Plaintiff fell to the ground and landed on her back, resulting in injuries set forth below. Plaintiff’s pain and the slipperiness of the ice made it impossible for her to get to her feet. Plaintiff laid on the ground and yelled repeatedly for help, but had to use her phone to call 911 when no one responded to her yells.”
The suit adds that the defendants knew or should have known that the icy condition of the lot and the concealment of the ice beneath standing water created a risk of harm to persons using the lot, including plaintiff, exposing them to the risk of a slip-and-fall injury, and that a property owner is not permitted to needlessly endanger the public.
As a result, the suit says the plaintiff suffered strain in the muscles and tendons of her right shoulder and arm, a right rotator cuff injury, a thoracic strain, a cervical injury with radiculopathy, cervicalgia, cervical spondylosis, cervical facet joint syndrome, lumbar strain with radiculopathy, lumbago, chronic pain syndrome, traumatic ecchymosis of the right upper arm, right hip pain, right thigh pain, multiple contusions and disc injuries throughout his back.
The case was then removed to the U.S. District Court for the Middle District of Pennsylvania by the defendants on May 5, citing the amount of damages in question and diversity of citizenship between the parties.
For counts of negligence, private nuisance, intentional trespass to real property, negligent trespass to real property, conversion of timber and equitable relief, the plaintiffs are seeking
The plaintiff is represented by Michael B. Smith of Fanelli Evans & Patel, in Pottsville.
The defendant is represented by Allison M. Patterson of Litchfield Cavo, Maria G. Perri-Quinn and Salvatore A. Clemente of Wilson Elser Moskowitz Edelman & Dicker, all in Philadelphia, plus Norman D. Namey of Bennett Bricklin & Saltzburg, in Blue Bell.
U.S. District Court for the Middle District of Pennsylvania case 3:22-cv-00663
Luzerne County Court of Common Pleas case 202110822
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com