Judge Krupp, sitting in the Massachusetts Business Litigation Session, ruled that the statute of limitations barred the plaintiff’s tort, contract, and unfair and deceptive practices.
Pottery Barn
PITTSBURGH – The parent company of Pottery Barn introduced additional arguments in state court to support its allegations that an adjoining hamburger restaurant leaked both water and sewage into one of its mall stores in Mount Lebanon.
Williams-Sonoma Stores, Inc. of San Francisco, Calif. first filed suit in the Allegheny County Court of Common Pleas on Aug. 3 versus BRGR Management, LLC of Lansdale and SRG Cranberry, LLC, of Pittsburgh.
The plaintiff said its brand Pottery Barn leased and operated a retail store in the Galleria mall, located in Mount Lebanon. Adjoining the Pottery Barn store was BRGR, a gourmet hamburger restaurant, also located in the Galleria.
1. Facts
1.1. Parties include: Lindsey Frederick Dollar General (Dolgencorp, LLC)
1.1.1. 1. A bottle of laundry detergent was dropped and spilled by customer near checkout counter at Dollar General. 2. Manager and another employee were working behind counter. 3. When manager noticed spill, he left the counter to gather cleaning supplies, but failed to notify the other employee of the spill. 4. Another customer, Lindsey Frederick, entered the store, slipped on the laundry detergent and sustained injuries.
1.1.1.1. 1. The fall occurred 51 seconds after the spill 2. The store manager returned to the location of the spill 83 seconds after the spill took place with cleaning supplies 3. Frederick was not warned upon entering the store of the spill