MARSHALL -- Shopping for two 27-inch televisions at a Tyler Best Buy store, Sam Fisher found what he wanted on a high shelf that he could not reach.
He told a Best Buy employee which television he wanted, and the employee brought over a step ladder and climbed up to get the TV. But while on the ladder attempting to retrieve the requested television, the employee lost his balance and dropped the television on Fisher's head.
Alleging negligence for dropping the television and causing injuries, Fisher filed suit against Best Buy Company, Inc. on Sept. 28, in the Marshall division of the Eastern District of Texas.
According to the lawsuit, Best Buy is negligent for allowing the employee to retrieve heavy merchandise on a high shelf without proper safety training or equipment and in the proximity of customers.
Further, the plaintiff asserts the Best Buy store was negligent by not warning other customers or restricting customer access to the area. The store also failed to maintain a policy about merchandise on high shelves and failed to provide appropriate staff for their retrieval.
Fisher maintains that Best Buy's employee was acting within the course and scope of his employment and therefore, defendant is responsible under the doctrine of respondeat superior.
As a result of the Oct. 3, 2005, incident at Best Buy, Fisher states he "suffered severe bodily injuries which have required extensive medical treatment" including ruptured and herniated discs in his neck and back and one surgery on his spine.
Seeking exemplary damages the plaintiff alleges that Best Buy's conduct was grossly negligent by demonstrating "willful, wanton, and reckless disregard for the safety and welfare of its customers."
Plaintiff is also seeking damages for past and future medical expenses, past and future physical pain and suffering, physical impairment and disfigurement, and mental anguish.
E. Glenn Thames, Jr. of the Tyler law firm Potter and Minton is representing Fisher and demanding a trial by jury.
Currently, defendant Best Buy has not responded to the allegations.
U.S. District Judge David Folsom is presiding.
Case No.: 2:07cv00436