Lawsuit filed by driver who was struck by shopping cart
A Beaumont woman has filed a lawsuit against Wal-Mart that claims the store is responsible for a shopping cart that struck her vehicle while she was driving down the road.
Mary Garner filed suit against Wal-Mart Stores Inc. and Tim Thibodeaux on April 23 in Jefferson County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on July 13.
The incident occurred on April 22, 2010, as Garner was traveling northbound of Interstate 10 access road. She states that a Wal-Mart shopping cart rolled from the defendant's parking lot and struck her vehicle.
The defendant is accused of failing to secure its shopping carts, failing to conduct regular and routine inspections of its parking lot, and for failing to warn individuals of the dangerous condition that surrounded its parking lot.
The plaintiff is asking for an award of actual damages for personal injuries, bodily impairment, physical disfigurement, physical pain and mental anguish, medical expenses, exemplary damages, interest and court costs.
Garner is represented by Beaumont attorney Charlton P. Hornsby. A jury trial is requested.
Case No. 1:12-cv-00349