HomeMy WebLinkAbout94-05043
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JOANNE BARDER,
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COU~TY, PENNSYLVANIA
I
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I NO,
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I CIVIL ACTION - LAW
I JURY TRIAL DEMANDED
Plaintiff,
vs,
SUPBR FRESH FOOD MARKETS,
INC. ,
Defendant.
COMPLAINT
NOW COMES the Plaintiff, Joanne Barder, by and through
her attorneys, IRA H, WEINSTOCK, P,C., and files the following
Complaint against Defendant, Super Fresh Food Markets, Inc.,
averring as follows I
1, Plaintiff, Joanne Barder, is an adult individual
currently residing at 507 Huntington Avenue, Enola, Cumberland
County, Pennsylvania, 17025,
2, Defendant, Super Fresh Food Markets, Inc" is a
corporation currently doing business in the Commonwealth of
Pennsylvania, and maintains a business office at Routes 11 & 15,
Enola, Cumberland County, Pennsylvania, 17025, Defendant is the
owner and/or operator of a retail sales establishment known as
"Super Fresh Food Market" located at the aforementioned address
(horeinafter "Defendant's Store"),
3, Venue is proper in this judicial district pursuant
to Rule 2179 of the Pennsylvania Rules of Civil Procedure,
4, On or about February 19, 1993, Plaintiff entered
Defendant's Store in order to purchase and/or contemplate the
purcha.. of various retail items,
5. ,. Plaintiff was inside of Defendant's Store, she
.lipped on some debris in the aisle, believed to be broken peanut
.hel1s, causing injuries and damages which will be more fully
de.cribed below.
6, At all times relevant hereto, Plaintiff was a
customer, potential customer and business invitee lawfully on the
premisea of Defendant's store,
7, At all times relevant hereto, Defendant had a duty
to exercise reasonable care to protect Plaintiff from injury on
the premiaes, including a duty to warn her of hidden dangers
known to Defendant, a duty to make reasonable inspections to
discover hazardous conditions on the premises, and a duty to take
such protective measures as were necessary to guard against
dangers known or capable of being known with reasonable inspec-
tion,
8. Because the aforementioned aisle was a primary
means of travel throughout Defendant's Store, and was used
continuously by a substantial number of business invitees for the
purpose of shopping in same, there was a foreseeable risk of a
continuing or recurring hazard from individuals slipping on
debris.
9, At all times relevant hereto, Defendant had actual
and/or constructive knowledge of the defective or dangerou.
condition of the aisle,
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10. Defendant violated its duty to uae reasonable oare
to proteot Plaintiff, and was otherwise negligent, reokless and
oarelees, bYI
(a) failing to establish and carry out regular
and frequent inspections of the aisle for defective or dangerou8
oonditions,
(b) failing to establish and carry out regular
and frequent maintenance and/or custodial operations on the
aisle,
(c) failing to discover defective or dangerous
conditions in the aisle prior to Plaintiff's injury,
(d) failing to place non-slip media or other
similar material in the aisle,
(e) failing to have sufficient or adequate
lighting at or near the aisle,
(f) failing to warn Plaintiff of the hazards
posed by the broken shells in the aisle, and
(g) failing to implement preventive measure3
designed to eliminate or reduce the hazard posed by the dangerous
or defeotive aisle,
11, As a direct and proximate result of the negli-
gence, recklessness and carelessness of Defendant, Plaintiff has
suffered serious physical injuries and permanent disabilitieB,
including right shoulder strain/sprain, right elbow
strain/aprain, cervical strain/sprain, and other miscellaneous
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aches and pains.
12. As a direct and proximate result of the negli-
gence, recklessness and carelessness of Defendant, Plaintiff has
required medical treatment and has incurred expenses in connec-
tion therewith for medicines, medical care, hospitalization and
other medical services for which a claim is hereby made,
13. As a direct and proximate result of the negU-
gence, recklessness and carelessness of Defendant, Plaintiff has
suffered in the past and may in the future continue to auf fer
excruciating and agonizing aches, pains, mental anguish, humilia-
tion, embarrassment, disfigurement and deformitiea for which a
claim ia hereby made,
WHEREFORE, Plaintiff demands damages of the Defendant
in an amount in excess of Fifty Thousand Dollars ($50,000,00),
plus costs of suit and delay damages,
Respectfully submitted,
IRA B. WlIHS~OCK, P.C,
800 North Second Street
Harrisburg, PA 17102
Phone I 717-238-1657
By
BYI '-- l
MICHAEL A, KORANDA
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