Heavy box not marked, man claims in injury suit against store

GALVESTON - Dr. Rafael Lugo has filed suit against Academy Sports & Outdoors after he injured himself while shopping at the defendant's Webster store.

According to a lawsuit filed Nov. 3 in Galveston County District Court, plaintiff Lugo sustained a severe arm injury on Mar. 13 as he tried to remove a box of gym flooring products.

The complainant says that the box was in a section of the store which carried flooring materials that weighed less than 5 pounds. The package was a plain white box with no markings, but was the same size and appearance of the other products.

Lugo claims the box felt heavier than the others as he tried to remove it from the shelf, and it fell to the ground.

"Instinctively and an in attempt to prevent the item from falling all the way to the ground, Dr. Lugo reached to grab the box and suffered a severe arm injury as a result," the suit says.

Court papers allege that Academy "improperly and dangerously stacked a few boxes of 55-pound weight sets in the middle of the area with gym flooring items thereby creating an unreasonably hazardous condition on the premises."

Consequently, Lugo seeks unspecified monetary damages.

Attorney Thomas J. Gehring of Austin is representing the plaintiff.

The case has been assigned to Galveston County 122nd District Court Judge John Ellisor.

Case No. 10-cv-4093