SHERMAN - An Allen woman has filed a lawsuit against Target claiming that the store improperly stocked shelves of icing which caused the heavy metal containers to fall from the shelves and hit her in the face.
Elaine Griffiths filed suit against Target Corp. on Oct. 3 in Collin County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Nov. 21.
The accident occurred on April 4 as Griffiths was shopping at a Target store located in Allen. She states that she was reaching up to get a container of icing that was located on the shelf, when additional icing containers fell from the shelf and struck her in the face and in the mouth.
The icing containers that fell were contained in a hard metal container.
Target is accused of improperly stocking the merchandise, of defective store fixtures and improper or defective management and/or risk management.
Further, the defendant is accused of breach of contract, failing to provide a full and fair review of Griffiths’ claims, negligence, strict liability, breach of warranty, and violation of the Texas Deceptive Trade Practices – Consumer Protection Act.
The plaintiff is asking for an award of $23,991.80 in damages, plus attorney’s fees, interest, treble damages, and court costs.
Griffiths is represented by Timothy T. Mitchell and Donna Kaye Rashti of Rashti and Mitchell in Dallas.
Case No. 4:12-cv-00731