×

Suit filed against former owner

Claim negligence based on fall from three years ago

JOHNSTOWN — Two Fulton County residents are suing the owners of a former city drug store for negligence from a fall one took in the store’s parking lot three winters ago.

Deborah Lyons and Ronald L. Lyons — listed only as Fulton County residents — filed a Jan. 10 civil lawsuit in state Supreme Court in Johnstown versus RX Johnstown Owners LLC.

The trial seeks a trial venue in state Supreme Court in Montgomery County.

Court papers indicated that the plaintiffs are being represented by attorney James A. Trauring of James Trauring & Associates, LLC in Schenectady.

The lawsuit concerns maintenance involving snow and ice removal at the former Rite Aid drug store at 147 N. Comrie Ave., which RX Johnstown Owners LLC owned three years ago. The store has since become a Walgreens store.

The suit says that the owners of the former Rite Aid were responsible for maintenance, including the parking lot.

On Feb. 7, 2017, plaintiff Deborah Lyons was walking from her car to the store, the lawsuit says. The suit says she “was caused to slip and fall on accumulated snow and/or ice under the snow.” Deborah Lyons sustained “severe permanent injuries” to her left knee, court papers said.

The suit claims negligence on the part of RX Johnstown Owners LLC. It alleges the firm failed to “properly and adequately maintain, control, inspect, salt, sand and/or remove accumulated snow/ice from the parking lot …”

No specific amount of monetary award was specified in the Trauring firm’s legal action.

Michael Anich covers Johnstown and Fulton County news. He can be reached at manich@leaderherald.com.

COMMENTS