Select Page

A six-figure settlement was awarded to a plaintiff by the federal jury recently in favor of a woman from Bucks County. The awardee was injured after she tripped and fell at a supermarket in a NE Philadelphia while she was on the job.

Barbara Ferguson, in resident of Southampton, Pa., filed a lawsuit this year against defendant identified as Pathmark located at Franklin Mills Blvd. She claimed that he hurt herself after she tripped and fell at a box that was used as a makeshift doorstop for propping open a big office door at the grocery store.

Initially, the case was filed at the Philadelphia Court of Common Pleas but it was later moved to the U.S. Eastern District Court for Pennsylvania. It was accusation for the negligence of Pathmark for bringing on a dangerous and hazardous condition for employees and the public going to the store.

There were three other defendants identified in the litigation: (1) Pathmark Stores Inc.; (2) Pathmark International Inc.: and (3)The Great Atlantic & Pacific Tea Company Inc., that are all based in Harrisburg.

According to the court record, it showed that Furguson was awarded the amount of $792,968.16 by a civil jury trial held at the federal courthouse.

Found to be negligent in the case were four defendants.

According to Ferguson, she was injured on Jan. 24, 2011, while she was in the NE Philadelphia Pathmark store during her employment with General Mills, which regularly does business with the defendants.

Fergusons business was selling new grocery products to various supermarkets in the area that included the Pathmark store on Franklin Mills Blvd.

Fergusons work involved responsibility to ensure that new products be sold will appear in the store shelves of supermarkets.

Ferguson confirmed that on Jan. 24, 2011, she went into the office at the back of Pathmark to obtain some paperwork; when she left the office passing through the supermarkets main floor, she tripped and fell over the box that was utilized as a doorstop. She dislocated her right shoulder, and has fractured it in four places.

Ferguson cited the following injuries: (1) dislocated her right shoulder; (2) fractured her left knee, right wrist carpal tunnel syndrome & neck; and (3) sustained back injuries.

The woman further claimed she suffered from depression and loss of wages for her injury prevented her from performing her job.

Defense lawyers observed that according to Joseph Dougherty who is store General Manager that there were never any other problems regarding the box in the years that it had been used as a makeshift doorstop.

Dougherty said he was aware of this deposition that as far as now was never observed to be a dangerous condition.

Sales coordinator, Shannon Kilbride said that she was in the office of the supermarket at the time of the incident. She testified that she assisted Ferguson who admitted that it was a box on her way into the office that made her slipped

After a trial for two days, the jurors went on the side of the plaintiff and agreed that the defendants were negligent that finally led to the womans injuries.

Court records showed a total of $793,000 was the amount stipulated by the jury verdict; however, Ferguson received an excess of $834,000 to the amount which was for her medical expenses and covering lost wages.

Accident victims have rights. You may be eligible for compensation for your injuries, wage loss and medical bills. Contact an ?injury lawyer in Philadelphia now for a free consultation.

Source: Penn Record Com

(http://pennrecord.com/news/10950-pa-woman-wins-six-figure-verdict-in-slip-and-fall-case-against-phila-pathmark)

Related Posts