Dawn Sheehan from Elizabethtown, Pennsylvania, is suing two local landscape companies, Pine Brook Farm, Inc., and Home Grown Outdoor Finishes. The complaint: negligence per se, recklessness, and negligence, after she slipped and fell on ice outside of the convenience store where she works.

She accused the businesses of failing to perform adequate snow removal services after being contracted by property owner PennSouth (who is also being sued). This allegedly improper snow removal then resulted in her injury.

Home Grown has filed preliminary objections to the complaint, saying, “The plaintiff’s complaint does not contain factual allegations which would support a claim for punitive damages. Therefore, allegations of ‘recklessness’ must be stricken from the complaint.”

They have also challenged Sheehan’s claim of “negligence per se,” since she did not identify what law Home Grown violated. The statement adds, “Moreover, the plaintiff does not describe what actions Home Grown did or did not take which violated the unidentified law. Clearly, the plaintiff’s allegation that Home Grown was ‘negligent per se’ is a catch-all allegation of negligence which is prohibited by Pennsylvania law.”

Sheehan’s lawyers have not responded to Home Grown’s objections. However, from what the statements have said, it doesn’t look like the court will be ruling in her favor.