SCRANTON – The Sheetz convenience store chain has denied responsibility for neck, back and knee injuries that a local woman alleged she suffered, when she slipped on fluid from a nearby soda/slushy machine which had leaked onto the floor of its Wilkes-Barre store.
Ana Vasquez of Wilkes-Barre first 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 said.
“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 added 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 stated.
“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.”
UPDATE
Sheetz answered the complaint on Aug. 7, denying liability for the plaintiff’s injuries and providing affirmative defenses on its own behalf.
“Plaintiff fails to state a claim upon which relief can be granted. To the extent that plaintiff’s claims are barred or limited by the applicable statute of limitations, defendant asserts such as a defense. Plaintiff has not suffered any damages as a result of any alleged action on the part of the defendant. The plaintiff’s claims are barred by plaintiff’s own contributory negligence and/or assumption of the risk. The plaintiff’s claims are barred and/or limited by plaintiff’s comparative negligence,” the defenses stated.
“If plaintiff has suffered injuries or damages, which defendant denies, plaintiff has failed to mitigate the same. Defendant, at all times relevant hereto, acted reasonably and with due care and, as such, the plaintiff’s complaint fails to state any claims against responding defendant. Defendant did not have notice, actual or constructive, of any hazards, dangers or risks posed to plaintiff within its store. None of the plaintiff’s claimed injuries are in any way caused by actions and/or omissions of defendant. If plaintiff sustained injuries as a result of the accident as alleged in this complaint, any liability on the part of defendant being expressly denied, then the plaintiff’s accident and injuries were caused by other individuals or entities over whom responding defendant had neither control nor right of control.”
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 is represented by Paul G. Lees of Dickie McCamey & Chilcote, in Bethlehem.
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