Product demonstrator struck by store employee, sues Costco

Michelle Massey, East Texas Bureau Jul. 23, 2009, 4:28am

SHERMAN- While she was demonstrating her employer's product at a Costco in Lewisville, Charlotte Dickey claims she was injured when a store employee rolled a flatbed over her ankle.

Charlotte Dickey and Ron Wharton filed a personal injury lawsuit against Costco Wholesale Corp. on July 21 in the Sherman Division of the Eastern District of Texas.

According to the complaint, Dickey, an employee of C.D.S. Club Demonstration Services, was working in an aisle demonstrating a product when a Costco employee struck her with a flatbed.

She claims the incident caused injuries to her right shoulder and an injury to her left ankle that required surgery.

The plaintiff is accusing the defendant of negligence stating, "Costco operated in a negligent manner and violated the duty that it owed Plaintiff Charlotte Dickey to exercise ordinary care in the operation of its retail sales business."

Dickey states that the Costco worker failed to keep a proper lookout when he rolled over her ankle with the flatbed.

The plaintiff also argues that Costco failed to provide a safe work environment free from hazards.

The lawsuit holds Costco vicariously liable for its employee's action under the doctrine of respondeat superior.

The plaintiff is seeking damages for medical expenses, lost wages, lost earning capacity, disfigurement, physical impairment, disability, physical pain and suffering, mental anguish.

The plaintiff's husband, Ron Wharton, is seeking damages for loss of consortium as a result of Dickey's injuries.

Dallas attorneys Barrett W. Stetson and Thomas P. Moynihan are presenting the plaintiffs.

U.S. District Judge Michael H. Schneider will preside over the litigation.

Case No 6:09cv00325

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