Free Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00491-KAJ Document 1 Filed 07/14/2005 Page 1 of 2
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N IN THE UNITED STATES DISTRICT COURT
FOR TI-IE DISTRICT OF DELAWARE
FAY S. GUNDLACH ]
]
Plaintiffs ]
]
vs. j Civil Action No: __ Ki 9 1
FOOD LION, L.L.C., a subsidiary of ]
of DELHAIZE AMERICA, ]
]
Defendants. ]
QQQMQLAINT
1. Plaintiff is a citizen ofthe Commonwealth of Pennsylvania.
2. Defendant, Food Lion, L.L.C. is, upon information and belief, a North
Carolina Limited Liability Company and a subsidiary of Delhaize America who
maintains a grocery store and it’s premises at Four Nanticoke Shopping Center,
Millsboro, Delaware, 19966. The matter in controversy exceeds, exclusive of interest
and costs, the sum of Seventy-five Thousand Dollars ($75,000.00).
2. This court has jurisdiction over this action pursuant to 28 U.S.C. Section
1332 (a)(l) and venue is proper pursuant to 28 U.S.C. Section 1391 (a)(2).
3. On or about July 14, 2003, Plaintiff, Fay S. Gundlach was a business
invitee of the Defendant’s grocery store when she was caused to fall and suffer severe
injuries and damages as a result of a negligently maintained and poorly monitored
walkway in an isle within the store by virtue of the Defendant’s negligent and careless
placement of a wooden pallet on the floor of the store.
4. As a result of falling because of the pallet, Plaintiff, Fay S. Gundlach
suffered injuries to her hip, pelvis, neck, shoulders, head and back, and suffered lost
earnings and/or earning capacity, great pain of body and mind, and incurred expenses for
medical attention as a result of this occurrence.
WHEREFORE, Plaintiff, Fay S. Gundlach demands judgement in an amount in
excess of Seventy-five Thousand Dollars ($75,000.00), along with the costs of
prosecution of this action.

Case 1:05-cv-00491-KAJ Document 1 Filed 07/14/2005 Page 2 of 2
‘lly submiued,
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. __ _ W r A
- tor Hf Pribanic, Esquire
E nscl for Plaintiffs
PA I.D. No. 30785
PRIBANIC & PRIBANIC, L.L.C.
1735 Lincoln Way
White Oak, PA 15131
(412) 672-5444 MAS
JURY TRIAL DEMANDED