Suit alleges Target employees pushed boxes on top of customer

By Michelle Massey, East Texas Bureau | Apr 2, 2009

TEXARKANA, Texas – While shopping at Target in December 2007, Bowie County resident Mystee Bennett says she was hit in the head by boxes falling off a shelf. Bennett alleges that on the other side of the shopping aisle, Target employees pushed the large boxes off the shelf onto her.

Mystee Bennett filed the original personal injury lawsuit against Target Corporation in the District Court of Bowie County, Texas, on Feb. 12. Target removed the case to the Texarkana federal court of the Eastern District of Texas on March 31.

According to the complaint, Bennett was standing in a shopping aisle, when suddenly and without warning several large boxes fell off the shelves and hit her in the head.

"The boxes were pushed off of the shelves by employees of the defendant from the other side of the aisle," the lawsuit alleges.

The suit claims Target is negligent for creating a dangerous condition by failing to use ordinary care on its premises.

Bennett states her injuries are serious, permanent, disfiguring and disabling and is seeking damages for medical expenses, physical and mental pain, suffering and anguish.

Target denies Bennett's allegations and requests that the court require Bennett to prove her claims.

Texarkana attorney Monty G. Murry is representing the plaintiff in her allegations.

U.S. District Judge David Folsom is presiding over the litigation and has referred the case to Magistrate Judge Caroline Craven for pretrial proceedings.

Case No 5:09cv00051

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