Coca-Cola failed to reduce risks of soda delivery, suit alleges

David Yates Jun. 10, 2008, 9:42am

Tom Oxford

Denying any contributory negligence, a heated mother has filed suit against Coca-Cola on her daughter's behalf, claiming one of the soda company's delivery men rolled a dolly over her daughter's foot.

Gwen Deal's suit was filed June 9 in the Jefferson County District Court.

According to the original complaint, Deal and her minor daughter were shopping at the Beaumont Wal-Mart when a Coca-Cola employee pushed a dolly loaded with soda over the child's foot, "resulting in injuries and damages."

In her suit, Deal claims Coca-Cola had a duty to "protect the general public" from the "dangers" of making soda deliveries.

"Defendant knew of the danger of pushing a loaded dolly near the general public," the suit says. "Defendant failed to exercise ordinary care to reduce or eliminate the risk."

Deal is suing for her daughter's pain, mental anguish, lost earnings, impairment and medical expenses.

She is demanding a trial by jury and is represented by Tom Oxford, attorney for the Waldman Smallwood law firm.

The case has been assigned to Judge Milton Shuffield, 136th Judicial District.

Case No. D181-885

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