A serious injury at a convenience store has led to a lawsuit that could have significant implications for businesses and their duty of care towards customers. On July 11, 2024, Nakia Cartegena and his wife, Ulonda McClellan, filed a complaint in the United States District Court for the Western District of Pennsylvania against Speedway LLC.
The case revolves around an incident that occurred on August 1, 2022, at Speedway Store #2926 located at 222 State Street in Clairton, Allegheny County, Pennsylvania. According to the complaint, Nakia Cartegena entered the store to purchase a soft drink when he noticed that a glass and metal door leading to the cooler room was open. As he attempted to close it, the unsecured door fell on him, causing severe injuries. The plaintiffs allege that Speedway LLC had actual and constructive notice of this dangerous condition but failed to take appropriate steps to remedy it or warn customers about it.
In their complaint, the plaintiffs outline several accusations against Speedway LLC. They claim that the company was negligent in failing to secure the door properly and not providing adequate warnings about its hazardous condition. An employee allegedly admitted to Cartegena after the incident that they were aware of the issue but had propped the door open unsafely. The plaintiffs argue that this negligence directly resulted in Cartegena's injuries, which include severe sprains and strains, traumatic injury requiring surgical intervention, and damage to his lumbar spine.
The plaintiffs are seeking judgment against Speedway LLC for an amount exceeding $75,000.00. They are also demanding compensation for medical expenses, pain and suffering, loss of enjoyment of life’s pleasures, and other related damages. Additionally, Ulonda McClellan is claiming loss of consortium due to her husband's injuries.
Representing the plaintiffs are attorneys Michael E. Metro and James A. Villanova from Villanova Law Offices P.C., while details about Speedway LLC's legal representation were not provided in the document.