PITTSBURGH – An Ohio couple allege that the wife-plaintiff suffered a litany of serious injuries, when she visited a Gibsonia nail salon to receive a pedicure and fell from a stool in the salon.
Barbara A. Rosario and Virgilio Rosario of Youngstown, Ohio filed suit in the Allegheny County Court of Common Pleas on Oct. 11 versus Neve Nails & Spa, LLC, of Gibsonia.
“On Oct. 20, 2021, plaintiff Barbara A. Rosario was at defendant Neve Nails business location in Gibsonia, Pennsylvania for the purpose of getting a pedicure. At all times relevant here, plaintiff Barbara A. Rosario was a paying customer of defendant Neve Nails. Plaintiff Barbara A. Rosario underwent a pedicure that she paid for and was performed by the staff of defendant Neve Nails. After the pedicure, plaintiff Barbara A. Rosario was in a compromised position (her feet were encumbered by toe-spacers and other tools utilized to assist with the pedicure she just received). Further, after her pedicure, plaintiff Barbara A. Rosario was instructed to remain at the nail salon by employees of defendant Neve Nails to let the pedicure ‘set.’ Because defendant Neve Nails wanted to service another customer while plaintiff Barbara A. Rosario's pedicure ‘set,’ the staff of defendant Neve Nails instructed plaintiff Barbara A. Rosario to sit on a stool under a dryer,” the suit states.
“At this time, plaintiff Barbara A. Rosario’s movement and ability to react quickly was greatly hindered as she had been placed in a compromised position by defendant Neve Nails with toe separator blocks and unstable open-toed sandals placed on her feet. Unbeknownst to plaintiff Barbara A. Rosario, the stool that defendant Neve Nails’s employee instructed her to sit on was set on wheels and was located directly on the slick tile floor as opposed to a rug or other fractioned flooring surface. The stool was a stool that would be used by a technician to freely move about to service a customer, but was not a stool meant for customers. As plaintiff Barbara A. Rosario sat down on the stool she was instructed to sit on by defendant Neve Nails’s employee, it suddenly rolled out from underneath her and sent her forcefully to the ground still unable to lessen or prevent the impact due to her being placed in a compromised position without the use of her lower extremities for balance or otherwise by employees of defendant Neve Nails.”
The suit adds that as a result of the fall, the wife-plaintiff suffered a torn meniscus.
“After initially seeking care at an urgent care facility, plaintiff Barbara A. Rosario treated for the torn meniscus with her primary care physician Dr. Armand Minotti, orthopedic specialist Dr. Karl Kuwik with Youngstown Orthopaedic Associates, and completed six weeks of physical therapy at Cleveland Clinic Canfield Orthopaedics and Rehabilitation. In addition to the above treatment, plaintiff Barbara A. Rosario was caused to receive multiple injections to her right knee on May 16, 2022 and June 2, 2022 at Cleveland Clinic Canfield Orthopaedics and Rehabilitation,” the suit says.
“Plaintiff Barbara A. Rosario ultimately required a right knee replacement surgery, which was performed on Sept. 29, 2022 by Dr. Kuwik. Following the knee replacement surgery, plaintiff Barbara A. Rosario received home health care from Sept. 30, 2022 through Oct. 21, 2022, and attended another round of physical therapy with Canfield Orthopaedics and Rehabilitation. Because of the surgery, plaintiff Barbara A. Rosario was forced to miss work beginning on Sept. 29, 2022 until she was able to return on Feb. 3, 2023, in addition to the four days she had already missed immediately following the injury she sustained on Oct. 20, 2021.”
The suit goes on to say that plaintiff Barbara A. Rosario suffered surgical intervention including right knee replacement, a torn right meniscus, multiple injections to the right knee, physical therapy, lack of mobility, discomfort, scarring, other associated pain and ailments which required home health care, possible aggravation of pre-existing injuries and any other injuries that may become apparent before or throughout the course of trial.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limits of the Court, plus interest and costs.
The plaintiffs are represented by Dallas M. Hartman of Dallas W. Hartman, P.C. in New Castle.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-011836
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com