Sunday, March 3, 2013

Verdict for Woman Slips on Wet Tile Glue in Giant Eagle

Giant Eagle was successfully sued by Pittsburgh personal injury attorney Joshua Bloom on a theory of premises liability in the case of Danenas v. Giant Eagle.  This was a tough Pennsylvania slip and fall lawsuit with a solid outcome. Read about other local outcomes for lawsuits against Giant Eagle over the past several years at Electric Door Malfunction, and elsewhere on this blog.

In this case the plaintiff claimed that Giant Eagle allowed a dangerous condition to exist in its supermarket in the form of wet tile glue on the floor. The plaintiff a 39-year-old female at trial, claimed that she slipped and fell in the tile glue and that Giant Eagle failed to warn of the dangerous condition. Giant Eagle argued that the glued area was blocked with barricades which the plaintiff climbed through.

The plaintiff testified that she was walking in the defendant's supermarket when she slipped on an area of wet tile glue which was not marked with cones nor warning signs. Evidence showed that the defendant was moving shelving which required sections of the floor to be re-tiled. A non-party contractor had put down the glue in preparation of laying new tile. The plaintiff's orthopedic surgeon testified that the plaintiff suffered an ulnar nerve injury from the fall which required performance of an ulnar nerve transposition.

Two of the defendant's employees and the contractor who was laying tile testified that the area where the plaintiff fell was barricaded by shopping carts and milk crates. The defendant alleged that the plaintiff had climbed through the barricades. The jury was instructed that the defendant supermarket was vicariously liable for any negligence on the part of the contractor.

The jury found the defendant 100% negligent and awarded the plaintiff $ 52,329. Delay damages of approximately $17,954.75 were also added to the award.

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