SOUTHEAST TEXAS RECORD

TYLER-A Quitman resident is suing a hardware store after she severed a tendon while attempting to retrieve a stove pipe out of a display box.

Susan Bevill filed suit against Tractor Supply Co. on Sept. 7 in Wood County District Court. The defendants removed the case to the Eastern District of Texas, Tyler Division on Oct. 8.

The incident occurred on Nov. 26, 2008, at a Tractor Supply Store in Mineola where Bevil was trying to purchase a wood stove. Bevil claims that after requesting assistance from various employees with no success, she reached into the box on the floor to retrieve a stove pipe and severely cut and sever the tendon on her right hand on the edge of the pipe.

Tractor Supply is accused of negligence for failing to use ordinary care in displaying the stove pipes with no protective covering or bubble wrap, for failing to warn customers of the danger imposed in retrieving a stove pipe on their own and not offering assistance when asked, failing to secure the stove pipes in order to protect the safety of customers and in failing to respond to the requests for assistance.

The plaintiff is seeking damages for severe physical and mental pain, suffering, anguish, medical expenses, physical impairment, interest, attorney's fees and court costs.

Bevill is represented by John C. Ginn of Smith McDowell Ginn in Sulphur Springs. Jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:10-cv-00535