MARSHALL - A Lowe's customer has filed a lawsuit against the home improvement store that claims an employee pushed him out of his truck while moving a large appliance.
Larry Woodley filed suit against Lowe's Home Centers Inc. on April 9 in the Eastern District of Texas, Marshall Division.
The incident occurred on May 15, 2011, as a Lowe's employee was helping Woodley move a large appliance into his truck. Woodley states that the employee suddenly moved the appliance and pushed him off the truck causing him to fall onto the concrete. Woodley sustained serious injuries, according to the suit.
The defendant is accused of negligence for:
Moving the appliance in a sudden and unsafe manner;
Failing to use proper loading equipment such as a fork lift that would eliminate the need for anyone to help the loading process from the bed of a pickup;
Failing to establish safety rules for the use of proper loading equipment and which prohibit any customer from helping in the loading process;
Failing to properly train employees in safe loading practices; and
Failing to obtain or provide additional Lowe's employees to assist in the loading process or eliminate the need for any customer to assist in the loading.
The plaintiff is asking the court for an award of damages for pain, mental anguish, physical impairment, disfigurement, medical expenses, interest, aggravation of pre-existing injury, interest and court costs.
Woodley is represented by Marshall attorney Jim Ammerman II.
A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00197