Shoeboxes constitute dangerous condition, shopper alleges

By Michelle Massey, East Texas Bureau | May 13, 2010


A Wal-Mart customer claims she was injured when four shoeboxes fell from a shelf and hit her.

The Texas resident, who was pregnant at the time, filed a lawsuit against Wal-Mart claiming the store should have properly secured the shoeboxes so they would not fall.

By not securing the shoeboxes, the store allowed a dangerous condition and created an unreasonable risk of harm to invitees, the lawsuit states.

Michelle Young claims she suffered a severe injury to her head, neck and shoulders.

Young first filed a personal injury lawsuit against Wal-Mart Stores Inc. on March 26 in the District Court of Liberty County. Wal-Mart Stores removed the case to the federal court in Beaumont on May 4.

Wal-Mart denies Young's allegations, according to court papers.

Young states that the store was negligent by failing to use ordinary care, including the duty to protect and safeguard Young from unreasonably dangerous conditions or warn of their existence.

Further, Young claims the defendant failed to keep the premises in a reasonably safe condition, inspect the store to discover latent defects, and to make safe any defects or give an adequate warning of their danger.

The plaintiff is seeking damages for medical expenses, loss of earnings and earning capacity, physical impairment, physical pain, mental anguish, interest, and costs of suit.

Beaumont attorney Jonathan C. Juhan is representing the plaintiff.

U.S. District Marcia A. Crone is assigned to the litigation.

Case No. 1:10-cv-00256

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