Shopper sues store after heater falls out of box and onto foot

Michelle Keahey, East Texas Bureau Aug. 19, 2013, 7:07pm

A shopper has filed a lawsuit against Wal-Mart claiming the store is responsible for the injuries she received when a heater fell out of the bottom of a box while she was putting it in her shopping cart.

Penny Sullivan filed suit against Wal-Mart Texas on July 10, 2013 in Hardin County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division. 

The incident occurred on Dec. 17, 2012, while Sullivan was shopping at the Wal-Mart Supercenter store located in Silsbee. She states she suffered serious and disabling injuries when she was attempting to place a box, which contained a heater, into her shopping basket, when the heater fell through the bottom of the box and landed on her foot.

The defendant is accused of negligence for failing to provide a safe and hazard free place to shop, creating the unsafe condition in the shopping area of Wal-Mart, failing to stand guard to protect customers, failing to alert shoppers of the existence of the hazard, for leaving the unsecured box unattended and/or not properly secured, failing to neutralize the dangerous condition, failing to timely warn or maintain warning signs, for failing to properly or adequately supervise and for failing to inspect the condition of the premises.

The plaintiff is seeking an award of damages for medical expenses, loss of wages and wage earning capacity, physical pain and suffering, mental anguish, physical impairment, interest, exemplary damages and court costs.

Sullivan is represented by Gilbert T. Adams III of Gilbert Adams Law Offices in Beaumont. A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:13-cv-00507

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