A Wal-Mart shopper has filed a lawsuit against the retail chain claiming the store's negligence resulted in a fish fryer falling off a display shelf and hitting her in the head.Creating a dangerous, hazardous condition by improperly staking or shelving merchandise;
Deborah Morgan filed suit against Wal-Mart Stores Inc., Wal-Mart Stores Texas and Mike Clements on May 10 in Jasper County District Court. The defendants removed the case to the Eastern District of Texas, Beaumont Division on June 11.
The incident occurred on June 2, 2010, as Morgan was shopping at Wal-Mart Supercenter in Jasper. She states that she was attempting to reach for a fish fryer on a display, when the displayed boxes fell off the high shelf and struck her on the head.
The defendant is accused of negligence for:
Failing to provide a reasonably safe and hazard-free premises;
Failing to protect its invitees from hazardous conditions;
Failing to take affirmative steps to discover hazardous conditions;
Failing to warn invitees a hazardous conditions;
Failing to adequately supervise, train and provide instructions to employees;
Failing to install merchandise barriers or restraints on the store's high shelves; and
Failing to implement safety policies regarding the stocking and stacking of high shelves.
The plaintiff is asking the court for an award of damages for medical expenses, physical pain, mental anguish, loss of earning capacity, physical impairment, interest and court costs.
Morgan is represented by M. Raymond Hatcher and Alan J. Robertson of Sloan, Bagley, Hatcher & Perry Law Firm in Longview.
U.S. District Judge Marcia A. Crone is assigned to the case.
Case No. 1:12-cv-00285