Sears sued for not fixing hole despite knowledge of its existence

Michelle Massey, East Texas Bureau Apr. 15, 2009, 9:56am

MARSHALL – While bringing her car into a Plano Sears for repairs, Lisa Foster was riding in the passenger seat while a Sears employee backed the car into a repair stall.

When she stepped out of the car, Foster alleges she stepped into an unprotected and only partially covered hole. Foster claims Sears employees failed to warn her of the hole and even admitted they were aware of it.

Lisa D. and Steve Foster filed suit against Sears Roebuck and Company, doing business as Sears Tire and Auto Center on April 14 in the Marshall Division of the Eastern District of Texas.

Foster maintains she was acting reasonably and prudently at the time of the incident, and that she received no notice of the unreasonably dangerous condition.

The lawsuit argues Sears violated its duty of reasonably care by having actual knowledge of a dangerous condition, knowing the condition posed an unreasonable risk of harm and not reducing or eliminating the risk.

The plaintiffs are seeking more than $75,000 in damages for pain and mental anguish, lost income, disfigurement, medical expenses, loss of consortium, pre and post-judgment interest.

Dallas attorney Edwin E. Wright III of the law firm Stradley and Wright is representing the plaintiff.

Jury trial requested.

U.S. District Judge T. John Ward will preside over the litigation.

Case No 2:09cv00109

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