SCRANTON – A Northeastern Pennsylvania woman alleges that she suffered severe injuries to her neck, back and right knee at a Sheetz convenience store in Wilkes-Barre, when she slipped on fluid from a nearby soda/slushy machine which had leaked onto the store floor.
Ana Vasquez of Wilkes-Barre filed suit in the U.S. District Court for the Middle District of Pennsylvania on June 6 versus Sheetz, Inc., of Altoona.
“On Sept. 21, 2021, the aforementioned Sheetz store location was open to the public and the plaintiff Ana Vasquez, was a business invitee. On the aforementioned date, the plaintiff Ana Vasquez, was a business invitee at the Sheetz, to use the automated teller machine. The plaintiff Ana Vasquez, began to walk out of the store past a soda/slushy machine,” the suit says.
“At that time, the plaintiff Ana Vasquez, suddenly and without warning, slipped on fluid that was either dripping from the machine or had been spilled near it. At all times material hereto, the defendant Sheetz, failed to ensure that its premises was free of hazards; failed to place mats down; failed to clean up liquid; failed to provide warning signs indicating to the public that the floor was slippery; and, otherwise gave no indication that this was a hazard that could cause the plaintiff Ana Vasquez, to fall and sustain her injuries.”
The suit adds that the plaintiff suffered injuries to her neck, back and right knee.
“As a result of the aforementioned injuries, the plaintiff Ana Vasquez has treated with and incurred medical bills from numerous medical care providers, and a specific amount will be produced in the course of discovery and a claim for same is hereby made. The plaintiff Ana Vasquez, has been informed, believes and therefore avers that her injuries are permanent in nature and will require future medical care and treatment and a claim for same is hereby made,” the suit states.
“As a further result of the injuries sustained in this incident, the plaintiff Ana Vasquez, was rendered sick, sore, disabled and sustained severe physical and mental pain as well as great discomfort, all of which required medical care and treatment as previously stated herein. As a result of the aforementioned injuries and negligence of the defendant Sheetz, the plaintiff Ana Vasquez, has sustained and will continue to sustain a loss of everyday pleasures and enjoyments of life, and a claim for same is hereby made. As a further result of the aforementioned injuries, the plaintiff Ana Vasquez, has been unable to perform her activities of daily living and believes and therefore avers that she will be unable to perform these activities of daily living for an indefinite time into the future.”
For one count of negligence, the plaintiff is seeking damages in excess of $75,000.
The plaintiff is represented by Aaron S. Decker and Kelly M. Ciravolo of Anzalone Law Offices, in Wilkes-Barre.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:23-cv-00924
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com