Publix Super Markets Inc. has accused a Villager of “voluntarily” getting into the way of a U-boat cart allegedly being operated by an employee in order to claim “unreasonable” medical expenses and sue the organization.
Last month, attorneys representing the grocery chain made a series of court filings in response to a lawsuit filed by Diane Riordan on Aug. 23 in the fifth judicial circuit court for Sumter County.
In its affirmative defenses, the company claims Riordan’s “negligence” was the “sole proximate cause” of any alleged “injuries and damages” that she sustained. The company says Riordan knew of the “existence of the danger” and “voluntarily exposed herself to the alleged danger.”
“The danger complained of in the complaint was an open and obvious condition which was readily apparent to the Plaintiff or any other person on the property was known, foreseeable and readily detectible to the Plaintiff,” according to the company’s answer.
According to her attorneys, Orlando-based Dellecker, Wilson, King, McKenna, Ruffier & Sos LLP, Riordan was visiting the Publix Super Market at Magnolia Plaza on Aug. 2, 2022. During her visit, she stopped to “inspect candle” when she was allegedly struck “suddenly and without warning” by a U-boat being operated by a Publix employee.