A recent court filing has brought to light a serious injury incident involving a shopper at a popular retail store. On August 28, 2024, Enjoyli Burney filed a complaint in the Court of Common Pleas of Delaware County against Ulta Beauty, Inc., PREIT Realty, LLC, and Simon Property Group, Inc., alleging negligence that led to her sustaining significant injuries.
According to the complaint filed by Ms. Burney through her attorneys at The Curran Firm, P.C., the incident occurred on December 28, 2022. Ms. Burney was shopping for cosmetics at an Ulta Beauty store located within Springfield Mall when she slipped on a clear liquid that had pooled on the floor near the body care display area. The fall resulted in severe injuries including a broad-based disc bulge of the L4/L5 disc, retrolisthesis at L5-S1, and other spinal and muscular injuries.
Ms. Burney's complaint outlines that Ulta Beauty staff were aware of the spill prior to her fall but failed to take appropriate measures to clean it up or warn customers about the hazard. "At all times material hereto, Defendants knew or should have known of the existence of the clear liquid that caused Plaintiff's fall," states the complaint. Furthermore, it is alleged that there were no signs or warnings alerting customers like Ms. Burney to the presence of the liquid on the floor surface.
The lawsuit claims that all three defendants—Ulta Beauty, PREIT Realty (which operates as Springfield Mall), and Simon Property Group (also operating as Springfield Mall)—were negligent in maintaining safe premises for their business invitees. The plaintiff asserts that these entities failed in their duty to protect her from hazardous conditions and did not exercise reasonable care in inspecting and maintaining their premises.
As a result of this negligence, Ms. Burney is seeking judgment against Ulta Beauty Inc., PREIT Realty LLC, and Simon Property Group Inc., jointly and severally. She is requesting compensation exceeding the jurisdictional arbitration limit for various damages including past and future medical expenses, loss of earnings potential, permanent injury, emotional distress, and loss of life's pleasures.
The case will be presided over by judges from Delaware County Court with representation for Ms. Burney provided by Francis J. Curran Jr., Esquire and Ryan F. Curran, Esquire from The Curran Firm P.C.