HomeMy WebLinkAbout97-05407
6. At that time and placet Plaintiff, Megan A. Wagener, was
walking with her mother and grandmother on one of the store's main
aisles, in the area of the lingerie department.
7. At that particular time and place there was a marble
display table placed in the lingerie department that extended into
the aisle approximately one foot.
a. The Plaintiff, Megan A. Wagener, was not aware that the
marble display table extended into the aisle. Its presence on the
aisle was not obvious, or marked, and was covered and surrounded by
merchandise.
9. The aisle by the lingerie department was one of the main
aisles in the store and was heavily travelled by customers.
10. At that time and place, the said main aisle next to the
linger ie department was crowded, requiring Megan A. Wagener to
maneuver around the crowd and in doing so, without knowledge of the
marble table extending into the a isle, Megan A, Wagener's hand
struck the marble table.
11. As a direct and proximate result of the aforesaid
accident, Plaintiff, Megan A. Wagener, sustained grave and
debilitating injuries, which include but are not limited to a
metacarpal neck fracture of her right hand requiring surgery and
permanent damage to her growth plate, resulting in marked deformity
and disability.
12. The aforesaid accident and resulting injury sustained by
Plaintiff, Megan A. Wagener, was the direct and proximate result of
the negligent conduct of Defendan~, Boscov's, in the maintenance,
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placement of the display, and inspection of its premises as
follows:
(a) failing to inspect its premises to determine whether
there were any conditions which pose a hazard to business
invitees;
(b) failing to properly warn its business invitees of any
possible hazards associated with their traversing along
the set path for business invitees;
(c) failing to take proper measures for the elimination of
hazards to business invitees that were known or should
have been known to exist, specifically by removing any
and all obstructions from a heavily travelled main aisle
to maintain a non-dangerous condition;
(d) failing to exercise the high degree of care that a
landowner owes to business invitees utilizing the
premises for its intended purposes;
(e) failing to provide a non-hazardous condition to business
invitees;
(f) placing the display table partially on the walkway;
(g) failing to warn customers that the display table was
partially on the walkway;
(h) knowing or failing to anticipate that children would walk
through the store on this aisle when the store was or was
not busy and might strike the display because of its
positioning partially on the aisle;
(i) failing to recognize the danger of the table being placed
partially on the aisle and moving it off of the aisle;
(j) failing to direct customers and invitees' attention to
the table's presence in their path of travel;
(k) directing attention away from the table by merchandizing
and display strategy; and
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thereof Is demanded. In further anawsr, If Plaintiff's allsgatlons regarding the table
are true, It Is denied that Its presence was not obvious,
9. Denied as stated, Itla admlttad thBt thers was sn aisle In the IIngsrle
depsrtmsnt thst was uaed by customers.
10,-11. Dan led . After reasonable InvsstlgBtlon, Defendant la without
knowledge or Information sufflclsnt to form a bsllsf as to the truth of these allegations
snd proof theroof Is demanded.
12. Dsnled pursuant to Pa. R.C.P, 1029.
13. This allegation 15 dsnlsd as a conclusion of law,
14.-20. Denied. Aftar reasonable Investigation, Defendant Is without
knowledgs or Information sufflclsnt to form a bsllaf as to the truth of these allegations
and proof thereof Is dsmanded,
WHEREFORE, Dafendant requests that Plaintiffs' Complaint be dlsmlsssd
without cost to It.
NEW MATTER
21. Plaintiffs' claims for medical oxpsnses must be set off by the emount
already paid by or on behalf of Defsndant for Plaintiffs' msdlcal expenses.
22. If the minor Plaintiff was Injured as alll!ged, then her Injuries are due t.o
the acts or Inactions of sntlties othar than Defandant end for whom Defendant Is not
rasponsible.
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'.71110"",/1 01 .raw
305 NOAT... ,RONT STAEET
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