PITTSBURGH – An Allegheny County woman and discount grocery store chain Aldi have agreed to dismiss allegations the business failed to use due care, after the plaintiff said 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 said.
“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 added 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 stated.
UPDATE
On Dec. 20, the parties agreed to remove material accusing the grocer of not using due care in the events at hand.
“It is hereby stipulated by and among the undersigned counsel that Paragraph 15(c) of the plaintiff’s complaint, failing to otherwise use due care, is hereby stricken with prejudice. It is also stipulated that plaintiff will sign a verification to the complaint. Should plaintiff not sign a verification within 20 days of service of the complaint, plaintiff waives the right to argue said preliminary objections are late,” the stipulation read.
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