MEDIA – A Delaware County church volunteer who alleged she ingested a negligently placed and toxic cleaning supply product, located on the same table as refreshments offered to the public when she worked at an event to provide COVID-19 vaccinations two years ago, may receive a default judgment.
Pamela Wheeler of Folsom first filed suit in the Delaware County Court of Common Pleas on Feb. 6 versus the Church of Saint Kevin, of Springfield, plus the Archdiocese of Philadelphia.
“On or about March 4, 2021, defendant Church of Saint Kevin hosted volunteers in the Church building(s) on Sproul Road, Springfield, PA to aid in dispensing information, advice, medication and the like, regarding the COVID-19 pandemic. Plaintiff was among the volunteers helping to dispense information, advice and medications, including vaccinations,” the suit said.
“On or about March 4, 2021, defendants (1) performed acts that a person of ordinary prudence in the same or similar circumstances would not have done or (2) failed to perform acts that a person of ordinary prudence in the same or similar circumstances would have done, because in the area of the Church where a table of edibles and refreshments were offered by the defendants, Ms. Wheeler consumed a toxic substance negligently placed by the Church on the same table in a substitute container that resembled other refreshments.”
The suit added that the defendants “have total control of the premises and especially the area of the Church where refreshments were offered, and the area where toxic substances such as cleaning supplies are stored.”
After consuming the toxic and or poisonous substance present on the refreshment table due to the defendants’ alleged negligence, the suit said Wheeler immediately felt a “burning sensation in her mouth, throat and stomach.”
“Her colleagues from Devine Providence Village alerted the Church, as Ms. Wheeler was escorted to the Springfield Hospital Emergency Room. Ms. Wheeler has been under the care of her physicians since then for injuries sustained. Defendants provided no warning of any kind to the volunteers that a toxic substance was among the refreshments in a container that was not the original container that the toxic substance came in,” the suit stated.
“Solely as a result of the negligent act previously described, plaintiff was caused to suffer various physical injuries in and about her person, including but not limited to, her mouth, throat, esophagus, stomach, colon and other parts of her body, all of which are severe and permanent in nature.”
UPDATE
On April 24, plaintiff counsel filed a notice of default judgment against the defendants.
“You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within 10 days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights,” the notice stated.
For one count of negligence, the plaintiff is seeking damages in excess $50,000.
The plaintiff is represented by Norman G. Matlock in Philadelphia.
The defendants are represented by Nicholas M. Centrella and Matthew L. Jones of Clark Hill, also in Philadelphia.
Delaware County Court of Common Pleas case CV-2023-001010
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com