PITTSBURGH – An Allegheny County woman has brought suit against discount grocery store chain Aldi, after she says a metal produce shelf fell on her when she was shopping inside the grocer’s West Mifflin store.
Charmaine M. Dettore-Louda of Homestead first filed suit in the Allegheny County Court of Common Pleas on Dec. 6 versus ALDI, Inc. (Pennsylvania), of Batavia, Ill.
“On Dec. 7, 2020, at approximately 4:08 p.m., plaintiff, a business invitee, was lawfully on the subject premises. At the time and place described above, plaintiff entered the produce aisle and was attempting to select and/or pick up a container of strawberries when – suddenly and without warning – a metal shelf and/or metal bar broke off and/or fell off the produce display, crashing down onto plaintiff’s left ankle and foot,” the suit says.
“At the time of the subject incident, there were no warnings regarding the metal shelf and/or metal bar breaking and/or falling off at the subject premises. At all material times hereto, a dangerous, hazardous, unsafe, and/or defective condition existed for a period of time on the subject premises.”
The suit adds the defendant “had knowledge of the ongoing dangerous, hazardous, and/or unsafe condition in and/or on the subject premises, or in the alternative, under the reasonable exercise of due care and/or inspection, should have known of the dangerous, hazardous, unsafe condition and/or defective condition.”
“As a direct and proximate result of defendants’ negligence and/or carelessness, as set forth more fully throughout this complaint, plaintiff sustained serious injuries and damages, including but not limited to the following, all or some of which may be permanent in nature: Fracture of left distal phalanx hallux; Mild edema of left dorsal forefoot; Left foot injury; Tenderness in left foot and toes; Pain in left foot and toes; Contusion of left great toe with damage to nail; Low back pain; left knee pain; Cervicalgia/neck pain; Arm numbness; overall pain and suffering; Inconvenience and disruption of daily activities; Loss of enjoyment of life and life’s pleasures; Past and future medical expenses; Incident-related out of pocket expenses; and residual injuries and complications from incident-related injuries and medical treatment necessitated by incident related injuries,” the suit states.
For a count of negligence, the plaintiff is seeking damages in excess of the applicable arbitration limits, exclusive of interest and costs.
The plaintiff is represented by Wayne M. Chiurazzi, Donna M. Flaherty and Sarah M. Benedetti of The Chiurazzi Law Group, in Pittsburgh.
The defendant is represented by Jennifer Glazer Shorr of Weber Gallagher Simpson Stapleton Fires & Newby, in Philadelphia.
Allegheny County Court of Common Pleas case GD-22-014934
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com