Suit says Sears failed to warn shoppers that lawnmowers could fall

David Yates Jul. 22, 2008, 8:00am

Two years ago, a local woman says her foot was injured at Sears when a lawnmower toppled off an overhead display shelf.

Lynda Roberson has filed suit against Sears Holdings, claiming the retailer negligently failed to "warn customers of the hazards of the lawnmowers being placed on overhead racks," state court documents.

Roberson's lawsuit was filed July 21 in Jefferson County District Court.

In the market for a new mower, Roberson ventured to the Parkdale Mall Sears July 21, 2006, the original complaint states.

She was ogling a lawnmower on a rack above her head, when "suddenly and without warning the lawnmower came off the rack, striking her on the foot and knocking her back" into a heap of show floor mowers.

"The defendant owned the store … and was responsible for the items on display," the suit says.

"The defendant … was negligent … in failing to properly maintain and stack the lawnmower (and) warn of the hazards of the lawnmowers being placed on the overhead racks."

Roberson is suing for $30,000 in damages, plus all court costs.

She is represented by Houston attorney Harry Arthur.

Judge Bob Wortham of the 58th Judicial District has been assigned to the case.

Case No. A 182-096

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