ALLENTOWN – A Lancaster woman alleges she suffered arm, elbow and shoulder injuries, when pallets loaded with goods fell out of a tractor-trailer and struck her body.
Aixa Marie Santiago-Torres of Lancaster initially filed suit in the Philadelphia County Court of Common Pleas on June 30 versus The Kellogg Company (doing business as “Kellogg’s) of Battle Creek, Mich. and John Doe.
“On Aug. 18, 2020, plaintiff Aixa Marie Santiago-Torres was an employee of Ryder Systems, Inc., working at 2001 Yellow Goose Road, Lancaster, Pennsylvania. On the aforesaid date and time, plaintiff was about to begin unloading a tractor-trailer when, suddenly and without warning, pallets of product began falling out of the trailer when plaintiff opened the door, striking plaintiff’s left arm and her body,” the suit says.
“As a direct and proximate result of the foregoing incident and defendants’ negligence, carelessness and/or recklessness, plaintiff Santiago-Torres sustained painful and severe injuries which include, but are not limited to, left shoulder, arm and elbow sprain/strain, left shoulder rotator cuff syndrome, left shoulder and elbow contusion and a left shoulder superior labrum anterior and posterior (SLAP) tear.”
The suit adds that the defendants caused the dangerous and/or hazardous condition to exist; failed to prevent the dangerous and/or hazardous condition from existing; failed to properly and/or adequately manage, train and/or supervise its agents, servants, workmen and/or employees; failed to institute and/or enforce adequate procedures and policies to prevent the dangerous and defective condition from existing and failed to ensure that all employees were aware of appropriate safety precautions, among other negligence-related violations.
“As a direct and proximate result of the foregoing incident and defendants’ negligence, carelessness and/or recklessness, plaintiff Santiago-Torres has suffered great physical pain and mental suffering, inconvenience in carrying out her daily activities, a loss of life’s pleasures and enjoyment, scarring and disfigurement, a loss of earnings and earning capacity and she may suffer pain and inconvenience into the future,” the suit states.
“As a direct and proximate result of the foregoing incident and defendants’ negligence, carelessness and/or recklessness, plaintiff Santiago-Torres has been compelled to undergo otherwise unnecessary medical treatment and to incur miscellaneous medical expenses in an effort to restore herself to health and she may be forced to incur additional medical expenses in the future.”
The defendants removed the suit to the U.S. District Court for the Eastern District of Pennsylvania in Allentown on July 22, on the basis of diversity of citizenship between the parties and the amount of damages in question.
For two counts of negligence, the plaintiff is seeking damages in excess of $50,000, plus interest, costs and any other relief which this Honorable Court may deem just and fair.
The plaintiff is represented by Jay L. Solnick of Solnick Lawyers, in Glenside.
The defendants are represented by Brian Boyle of Mintzer Sarowitz Zeris Ledva & Meyers, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-02875
Philadelphia County Court of Common Pleas case 220602767
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com