SHERMAN-A Dollar General shopper is suing the store after she fell off what she claims was a dangerous toilet.
Sherrel Hamberger filed suit against Dolgencorp of Texas Inc. on June 16 in Lamar County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Sept. 7.
Hamberger claims she was seriously injured when the toilet she was seated on came loose and fell over. During the fall, she attempted to grab the handicap rail but it was not attached properly and it came loose.
She claims the incident injured her back.
The defendant is accused of failing to properly inspect and maintain the restroom area, failing to maintain the restroom in a reasonably safe condition, failing to give adequate and understandable warnings of the unsafe condition of the restroom area and failing to discover and repair the toilet and handrail connections within a reasonable time.
The plaintiff is seeking damages for anxiety, pain, illness, medical expenses, physical pain and suffering, mental anguish, physical impairment, loss of earnings, loss of earning capacity, loss of household services, fear of future condition, interest and court costs.
The defendant accuses Hamberger of failing to keep a proper lookout for her own safety and denies her other allegations.
Hamberger is represented by Rick Standifer of Paris, Texas.
U.S. District Court Richard A. Schell is assigned to the case.
Case No. 4:10cv00447