PITTSBURGH – A Western Pennsylvania woman has lodged a premises liability negligence lawsuit against her local Rite Aid, after falling on uncleaned salt and snow in the wake of a snowstorm which hit her area this past January and breaking her right ankle in the process.
Keyva Solomon of Rochester filed suit in the Allegheny County Court of Common Pleas on Sept. 20 versus Rite Aid Corporation and Rite Aid of Pennsylvania, Inc. of Imperial, plus Realty Income Pennsylvania Properties Trust of Escondido, Calif.
“On or about Jan. 19, 2022, at approximately 1 p.m., plaintiff was a business invitee, licensee and/or otherwise legally on defendants’ premises. At all times relevant hereto, defendants, individually, jointly and/or through its agents, servants, franchisees, workmen and/or employees, had a duty to keep and maintain theaforesaid premises in a reasonably safe condition for those persons lawfully thereon, including plaintiff,” the suit said.
“On or about Jan. 19, 2022, while on defendants’ premises, plaintiff was caused to slip and fall on a dangerous condition consisting of uncleansed salt/snow on the floor due to a recent snowstorm which was located few steps inside front door on the premises, causing serious and permanent personal injuries. At or about the same date, time and place in question, and for some period of time prior thereto, defendants, acting individually, jointly and/or by and through their agents, servants, franchisees, workmen and/or employees, knew or under the reasonable exercise of diligenceshould have known of the dangerous condition and negligently and/or carelessly allowed and permitted dangerous and unsafe condition of uncleansed salt/snow on the floor to exist.”
The suit adds the defendants failed to warn customers of the condition in question, failed to exercise the proper care, custody and control over the aforesaid premises, failed to repair known and/or unknown defects and failed to design its premises in a way which would have been safe for customers.
“As a direct and consequential result of the negligent and/or careless conduct of the defendants, described above, the plaintiff suffered various serious personal injuries, including but not limited to right ankle fracture. As a result of these injuries, all or some of which may permanent in nature, and all of which are to plaintiff’s great financial detriment and loss; plaintiff has suffered and will continue to suffer great anguish, pain, sickness, agony, and embarrassment,” the suit states.
“As a result of defendant’s negligence and carelessness, as aforesaid, plaintiff has suffered permanent scarring and disfigurement. As an additional result of the carelessness and negligence of defendant, plaintiff has suffered emotional injuries, along with the physical injuries suffered. As a further result of plaintiff’s injuries, plaintiff suffered a loss of earnings and/or earning capacity, all to plaintiff’s further loss and detriment. Furthermore, in addition to all the injuries and losses suffered by plaintiff, plaintiff has also incurred or will incur medical, rehabilitative and other related expenses.”
For multiple counts of negligence, the plaintiff is seeking damages in excess of $75,000, plus all costs and other relief this court deems just.
The plaintiff is represented by Marc I. Simon, Ryan M. Flaherty, Amanda L. Nese, Ashley Henkle and Jessica Thimons of Simon & Simon, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-011827
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com