PITTSBURGH – An Allegheny County couple claim that the wife-plaintiff fell inside a Kohl’s department store in Monroeville, allegedly due to the company’s negligence in failing to prevent the circumstances which led to her fall.
Regina M. Dudczak and Stanley E. Dudczak filed suit in the Allegheny County Court of Common Pleas on March 15 versus Kohl’s, Inc. of Wilmington, Del.
“On Sept. 22, 2021, plaintiff was lawfully on the aforementioned premises for a business purpose, as a customer. At all times relevant and material hereto, there existed a condition on the premises of defendant, characterized by a shopping cart with wheels that did not operate properly, suddenly locking in place,” the suit says.
“When the wheel of the subject shopping cart suddenly locked in place, the cart was caused to suddenly change directions. The force of the sudden change in direction caused plaintiff to lose her balance and fall.”
The suit adds that as a direct and proximate result of the aforementioned incident, the wife-plaintiff sustained the following injuries: A comminuted fracture of the left proximal humerus; Inferior decentering of the left humeral head relative to the glenoid; Left upper extremity pain; Bruises, contusions, and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues, and vessels of the body; and nervousness, emotional tension, anxiety and depression.
“At all times relevant and material hereto, defendant knew or should have known of the defective and/or hazardous condition of the subject shopping cart. At all times relevant and material hereto, defendant failed to take any steps to eliminate the hazard, reduce its danger to invitees, or otherwise warn users, including plaintiff, of its dangerous, hazardous, unsafe and/or defective condition,” the suit states.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the jurisdictional limits of compulsory arbitration, together with court costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiffs are represented by David M. Huntley of Woomer & Talarico, in Pittsburgh.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-003622
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com