Thursday, February 28, 2013

Pepsi Cube Tower Collapses on Giant Eagle Customer

Turning now to Pennsylvania premises liability lawsuits against Big Box stores, I will examine a few cases filed against Giant Eagle.  The first premises liability case resulted in a settlement from injuries sustained from the collapse of a giant soda case display.  Not surprisingly a great settlement was reached because superstar Pittsburgh personal injury attorney Jon Perry of Rosen Louik and Perry handled the case of Ferrar v. Giant Eagle & Pepsi Co.

In this case, the plaintiff Ferrara sued Bottling Group LLC, t/d/b/a Pepsi Bottling Group, and Giant Eagle on June 16, 2004, for negligence in the Allegheny County Court of Common Pleas.Ferrara claimed that Pepsi Bottling Group offered products for sale within the Giant Eagle supermarket in Robinson Crossroads. Ferrara claimed that on May 11, 2002, she was a customer at the supermarket and reached for a 24-pack of Pepsi when a display of "Pepsi Cubes" tumbled down upon her, causing injury. Ferrara claimed that Pepsi Bottling Group and Giant Eagle negligently, recklessly and carelessly erected the display.Ferrara claimed head, neck and back injuries.  One of the primary claims of the complaint was that while at the Giant Eagle the plaintiff reached for the last 24-pack of Pepsi from a Pepsi Cube display case and was struck on the head and rest of her body when the "towering display of 'Pepsi Cubes" tumbled" down on top of the plaintiff.  It was also alleged that and assumedly proven that Pepsi had come into the Giant Eagle and assembled to Tower of Terror as a marketing ploy.

The case settled prior to trial for $165,000 with Pepsi paying $150,000 and Giant Eagle pitching in $15,000.

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