Store sued for not warning of dangers associated with falling ice cream

Michelle Massey, East Texas Bureau Aug. 11, 2010, 6:34am

MARSHALL-A Braum's employee has filed a lawsuit against the company for failing to warn of the dangers associated with falling ice cream.

Danielle McKinney filed suit against Braum's Inc., a soda fountain and grocery store, on Aug. 3 in the Eastern District of Texas, Marshall Division.

McKinney states that on Nov. 4, 2008, she was storing milk and ice cream in the freezer when a half-gallon container of ice cream fell and struck her in the base of her skull.

She claims she was in shock and unable to move, when the whole stack of half-gallon ice cream cartons then collapsed on her.

The defendant is accused of failing to provide a safe work environment and equipment, failing to provide proper safety instructions and training, failing to instruct regarding proper placement of their products and failing to warn and caution of the unreasonable dangers.

McKinney is seeking damages for medical care and expenses, physical pain and suffering, mental anguish, physical impairment, loss of earning capacity, loss of body member, disfigurement, fear of future disease or condition, cost of medical monitoring and prevention, exemplary damages, interest and court costs.

McKinney is represented by Dallas attorney Daryoush Toofanian of the Rad Law Firm.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00283

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