Suit blames Sam's Club for customer’s death 20 months after incident

By Carol Ostrow | May 30, 2015

An Upshur County citizen sued a large Arkansas retail company alleging liability in a woman’s death in 2015.

Carla Dennis, of Gilmer, Texas, filed as representative of the estate of Doris Ruth McNutt against Sam’s East, Inc., d/b/a Sam’s Club of Bentonville, Arkansas and doing business in Texas in the Marshall Division of the Eastern District of Texas, on May 22, claiming gross negligence in a June 2013 store incident.

According to the filing, Doris McNutt, then 85, arrived at Sam’s Club’s Longview branch (store #6422) with her son on or about June 24, 2013. As they entered the store, an employee wheeling a caravan of shopping carts into the vestibule from outdoors with a motorized cart pusher accidentally struck McNutt, throwing her to the ground and knocking her unconscious, the suit states.

Stating that Sam’s Club breached its duty of ordinary care by failing to properly train qualified personnel, place visual warnings and barricades to protect potential victims, use oral warnings, and implement safety procedures, the grievance alleges that McNutt died on Feb. 26, as a result of Sam’s Club’s employees’ negligence.

The plaintiff cites the decedent’s physical pain, suffering and mental anguish. She requests exemplary damages in excess of $75,000; pre- and post-judgment interest; attorney’s fees; expenses; and costs.

The plaintiff is represented by Jarom Tefteller and Clayton Tefteller of Tefteller Law in Gilmer.

Marshall Division of the Eastern District of Texas Case 2:15-cv-00810-JRG-RSP

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