PITTSBURGH – An Allegheny County woman alleges she fell in a Macy’s department store located at a Pittsburgh shopping mall, due to a wet surface on the floor of the women’s restroom.
Susan F. Morin filed suit in the Allegheny County Court of Common Pleas on Aug. 31 versus Macy’s Retail Holdings, Inc. (doing business as “Macy’s”) of Erie, Blue Chip 2000 Commercial Cleaning, Inc. (doing business as “BlueChip Pros”) of Pittsburgh and South Hills Village Associates L.P., of Harrisburg.
“At all times relevant and material hereto, the defendants leased, owned, operated, possessed, controlled, managed and/or maintained the premises located at the Macy’s retail store in the South Hills Village shopping mall at 301 South Hills Village, Pittsburgh, Allegheny County, Pennsylvania 15241. At all times relevant and material hereto, the defendants had a duty to inspect, maintain, repair, control, supervise and oversee the at-issue premises and to warn of and correct the dangerous conditions. At all times relevant and material hereto, the defendants acted by and through their agents, servants, employees, representatives, assignees, subsidiaries, predecessors and successors in interest,” the suit states.
“On or about Jan. 22, 2022, the plaintiff was lawfully on the aforementioned premises for a business purpose. At all times relevant and material hereto, there existed a dangerous, defective, hazardous and unsafe condition on the premises of the defendants, characterized by a wet floor sign placed hazardously just inside the entrance of the women’s restroom. Plaintiff was caused to trip, slip and/or otherwise lose her balance, as a result of coming into contact with the aforementioned defective condition.”
The suit continues that the plaintiff suffered a tear of the peroneal tendon, peroneal tendinosis, tenosynovitis, metatarsalgia, plantar fasciitis, right foot 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, defendants knew or should have known of the dangerous, hazardous, unsafe and defective condition that existed on the premises. At all times relevant and material hereto, defendants failed to take any steps to eliminate or avoid creating the hazard, reduce its danger to invitees, or in any way warn expected pedestrians including the plaintiff, of its dangerous, hazardous, unsafe and defective condition. At all times relevant, plaintiff was a business invitee and as such is owed the highest duty by the owner/operator of the premises under the laws of this Commonwealth,” the suit says.
For multiple counts of negligence, the plaintiff is 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 plaintiff is represented by David M. Huntley of Woomer & Talarico, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-010296
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com