A local resident has filed a lawsuit against a major retail corporation following an incident that resulted in significant personal injuries. Joseph Montgomery lodged the complaint against Walmart and unidentified individuals, referred to as John Does 1-4, in the Court of Common Pleas of Delaware County on September 18, 2024.
The lawsuit stems from an incident that occurred on September 19, 2022, when Montgomery was shopping at the Walmart store located at 605 Conchester Highway in Boothwyn, Pennsylvania. According to the complaint, Montgomery slipped and fell on a wet substance on the restroom floor while attempting to enter. The fall allegedly caused him severe injuries that have required ongoing medical treatment and have disrupted his daily life.
Montgomery's attorney, Gerard K. Schrom of Schrom, Shaffer & Botel, P.C., asserts that Walmart and its employees were negligent in maintaining safe conditions within the store. The complaint alleges that "the defendants had or should have had actual or constructive notice of the existence of a dangerous condition which existed on their premises for a sufficient time prior to the fall." Furthermore, it is claimed that Walmart failed to warn customers about the hazardous condition.
The plaintiff accuses Walmart and John Does 1-4 of multiple counts of negligence including creating and failing to correct a dangerous condition, not properly maintaining the premises, and neglecting to warn patrons about potential hazards. The lawsuit details how these failures led directly to Montgomery's injuries. It states: "As a result of this accident aforementioned, Plaintiff Joseph Montgomery sustained multiple injuries... together with shock and injury to the nervous system."
Montgomery is seeking judgment against Walmart and John Does 1-4 for damages not exceeding $50,000. This amount includes compensation for physical pain, mental anguish, medical expenses incurred due to the accident, and other associated costs. Additionally, he seeks interest, costs, reasonable counsel fees, and any further relief deemed appropriate by the court.
Representing Montgomery is Gerard K. Schrom from Schrom, Shaffer & Botel P.C., while no specific attorneys are listed for Walmart or John Does 1-4 at this stage.