A Batavia woman is suing Trader Joe's, claiming her husband's death was the result of a slip and fall at the Batavia grocery store.
The lawsuit, filed Tuesday, names the Trader Joe's on Fabyan Parkway, its corporate company – Trader Joe's East Inc. – along with Inland Real Estate Corp., which owns the shopping center.
Arthur Nelson of Batavia died Nov. 6, 2009, according to the complaint. His wife, 75-year-old Shirley Nelson, filed the lawsuit on behalf of her husband's estate, claiming that Trader Joe's was negligent in keeping their store safe, leading her husband to slip and fall on a patch of ice.
On Feb. 14, 2008, Arthur Nelson was trying to remove a shopping cart from its storage corral at the store when he slipped and fell, according to the complaint.
"As a direct and proximate result of the negligence of defendants and the ensuing fall, Arthur Nelson died on Nov. 6, 2009," the lawsuit states.
The lawsuit also claims wrongful death and states Nelson experienced physical pain and mental suffering after the fall. In turn, his family has suffered pecuniary loss from his death, according to the complaint.
The complaint does not detail Nelson's injuries from the fall.
According to an obituary on Legacy.com that ran in the Daily Herald days after Nelson's death, Nelson had cancer when he died at age 77.
Attempts to reach Shirley Nelson were unsuccessful Wednesday afternoon.
The lawyer that filed the lawsuit on her behalf, Patrick Flaherty, did not return phone calls.
A Trader Joe's corporate spokeswoman said she was unaware of the lawsuit and could not comment. Inland Real Estate did not respond to phone calls.
