MARSHALL - Asking for more than $75,000, an East Texas woman has filed a lawsuit that claims she was ran over by a row of shopping carts.
Jo Ann Funk filed suit against Sam's East Inc., doing business as Sam's Club, and Wal-Mart Stores Inc. doing business as Sam's Club, on Dec. 13 in the Eastern District of Texas, Marshall Division.
The incident occurred on Sept. 12, 2009, as Funk was standing in the foyer area of a Sam's Club in Tyler. She states she was standing with her back to the store's entrance doors as she was preparing to take a shopping cart.
Funk claims that she was ran over by a long train of shopping carts which were being pushed at a high rate of speed through the entrance doors.
The defendants are accused of negligence for operating the shopping cart train at an excessive rate of speed, failure to keep a proper lookout, failing to operate the shopping cart train in a safe manner, failing to make timely application of its braking system, failing to have appropriate safety policies and procedures for the operation of shopping cart trains and failing to provide appropriate instruction to employees regarding safe operation of the shopping cart trains.
The plaintiff is seeking more than $75,000 in damages for physical pain, mental anguish, physical impairment, medical expenses, interest and court costs.
Funk is represented by Roger W. Anderson of Gillen & Anderson of Tyler.
U.S. District Judge T. John Ward is assigned to the case.
Case No. 2:10-cv-00559