PHILADELPHIA – A local woman alleges she was seriously injured at a Marshalls HomeGoods store in Northeast Philadelphia, when a desk chair she was seated on unexpectedly moved and she fell off the chair in question.
Marsha Schad initially filed suit in the Philadelphia County Court of Common Pleas on Aug. 3 versus HomeGoods, Inc., Marmaxx Operating Corp. (doing business as “Marshalls HomeGoods”), Marmaxx Operating Corp. and TJX Companies, Inc., all of Framingham, Mass.
“At all times material hereto, defendants did own and/or operate and/or manage and/or control the premises located at or near 1356 Franklin Mills Circle, Philadelphia, Pennsylvania 19154. At all times material hereto, defendants, were responsible for the maintenance of the furniture for retail sale located inside the premises located at or near 1356 Franklin Mills Circle, Philadelphia, Pennsylvania 19154,” the suit says.
“At all times material hereto, defendants acted or failed to act by and through their agents, servants, workmen and/or employees who were then and there acting within the scope of their authority and course of their employment with defendants, in furtherance of defendants’ businesses and on behalf of defendants. On or about Aug. 30, 2021, and for some time prior thereto, defendants carelessly and negligently allowed a wheeled desk chair located on an elevated platform to be displayed for the customers and accessible to the customers, without its wheels locked at the aforesaid location for an unreasonable period of time.”
The suit adds that plaintiff Schad was a customer of the store on Aug. 30, 2021.
“Said defendants were responsible for the proper safe display and maintenance of the aforesaid premises and to keep said premises and furniture, including but not limited to, desk chairs, safe for business invitees. On or about Aug. 30, 2021, while a business invitee of defendants, plaintiff Marsha Schad accessed a desk chair on display, took a seat on a desk chair and at that time, the chair rolled off the platform, causing plaintiff to fall off and causing plaintiff the injuries which form the basis for this action. It is alleged and averred that said dangerous condition created a reasonably-foreseeable risk of the kind of injuries which plaintiff sustained,” the suit states.
“It is alleged and averred that the defendants knew or should have known of the existence of said unreasonable dangerous condition. The aforesaid incident was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff.”
On Oct. 19, the defendants removed the case to the U.S. District Court for the Eastern District of Philadelphia, citing diversity of citizenship between the parties and the amount of damages at issue.
For a lone count of negligence, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus interest and costs.
The plaintiff is represented by Edward Shensky of Stark & Stark, in Yardley.
The defendants are represented by James F. Lynn of Kiernan Trebach, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-04048
Philadelphia County Court of Common Pleas case 230800367
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com