Ouch! A Gilford, New Hampshire woman is suing an Italian supermarket in Boston called Eataly after slipping on a piece of prosciutto and breaking her ankle. She is seeking upwards of $50,000 in damages.
Back on October 7, 2022, Alice Cohen, 67, and her husband Richard Cohen, 65, were shopping at the Italian supermarket Eataly, located in the Prudential Center in Boston. In a new lawsuit filed by the New Hampshire couple, they claim Alice “slipped and fell on a piece of prosciutto” as she walked up to a stand offering free samples.
According to the complaint, which was filed in Suffolk Superior Court last Friday (August 11), Cohen fractured her left ankle as a result of the slip and fall inside of the Italian supermarket.
Additionally, the lawsuit claims that Eataly failed to fulfill their “duty to ensure that the surface of the floors were free from unnecessary dangers; a duty to use ordinary care to maintain the premises in a reasonably safe condition; and a duty to warn of such dangerous conditions.”
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In their complaint, the couple alleges that the establishment “breached these duties by failing to ensure that the floor was free from unnecessarily dangerous conditions; by failing to adequately prevent and/or remove hazards from the premises; and by failing to warn Plaintiff of the dangerous condition.”
The Cohens say as a result of the company’s negligence, “Plaintiff Alice Cohen sustained bodily injuries, a loss of enjoyment of life, pain and suffering, and incurred necessary medical expenses for medical care and attention.”
The complaint also says the supermarket’s alleged negligence affected Plaintiff Ronald Cohen, who “has suffered from the loss of consortium of his wife, Alice Cohen.” Consortium is a claim filed by a loved one whose partner’s injuries affect their life and relationship, which encompasses everything from house chores to sexual relations.
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Subsequently, the Cohens are seeking “an amount sufficient to compensate them fully and fairly for all injuries an damages, including physical and emotional pain and suffering, loss of consortium, plus interest costs and such further relief as the Court may deem proper.” The couple are also demanding a trial by jury.
According to the complaint, the couple claim to have shelled out $2,274.68 on hospital and medical bills. They also claim that they have spent an additional $5,265 on physical therapy for the woman’s ankle. The couple claims that they should be awarded at least $50,000 in damages for the slip and fall inside of the Italian supermarket.
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