PHILADELPHIA – A New Jersey woman alleges that she fell inside a shower area on the campus of Delaware Valley University nearly two years ago, and contends that the school is both negligent and responsible for her injuries.
Rachel Riendeau of Sicklerville, N.J. initially filed suit in the Philadelphia County Court of Common Pleas on July 12 versus Delaware Valley University of Doylestown and John Does 1-3.
“On or about Sept. 13, 2021, at approximately 8 p.m., a dangerous, negligent and/or defective condition existed on the premises and shower floor as aforesaid and defendants knew or should have known of the existence of same,” the suit says.
“On the aforesaid date and tilde, the plaintiff, Rachel Riendeau, was lawfully inside the dorm shower at the aforesaid premises, when by reason of the negligence of the defendants, the plaintiff was caused to trip, slip, stumble and/or fall due a wet floor covered in grime, a result of which caused plaintiff to sustain serious and severe injuries.”
The suit adds the defendants knew or should have known of the existence of the hazardous and dangerous condition on the aforesaid premises and floor, and failed to warn others of that condition.
“Solely because of the negligence of the defendants acting as aforesaid, the plaintiff was caused to sustain serious physical injury in and about the person, including but not limited to plaintiff’s head, neck and back, as well as a severe shock to the nerves and nervous system and was or may have been otherwise injured, whereby plaintiff' has suffered and may continue to suffer in the future and/or may be permanent,” the suit states.
“The plaintiff may have sustained other injuries and pre-existing conditions may have been aggravated. The plaintiff avers that some or all of the injuries sustained may be or are of a permanent nature and character. As a further result of the aforesaid accident, plaintiff has been unable in the past, and is likely to continue to be unable in the future, to attend to plaintiff’s usual duties, activities, vocations and avocations, all to plaintiff’s great financial loss and detriment.”
The University defendant removed the case to the U.S. District Court for the Eastern District of Pennsylvania on Aug. 23, citing the diversity of citizenship between the parties and the amount of damages in question.
For a lone count of negligence, the plaintiff is seeking damages in excess of the arbitration limits and in excess of the federal court jurisdictional limits for cases based on diversity jurisdiction.
The plaintiff is represented by Marshall D. Bleefeld of Rosenbaum & Associates, in Philadelphia.
The defendants are represented by Salvatore A. Vilardi of Cipriani & Werner, in Blue Bell.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-03250
Philadelphia County Court of Common Pleas case 230701112
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com