Alleging a tumbling plastic bucket full of baseballs struck him, Thomas Clegg has filed suit against Academy Sports & Outdoors.
Seeking more than $1 million in monetary relief, Thomas Clegg, individually and as next of friend of his son Trevor Clegg, filed the suit Oct. 2 in Jefferson County District Court.
Thomas’ wife, Dana Arterberry, is also named as a plaintiff.
According to the petition, Thomas and Trevor were shopping at the Port Arthur Academy on July 17.
As they looked at baseball bats and balls, a plastic bucket containing baseballs fell from a top shelf, striking Thomas on the top of his head and rendering him unconscious.
“Unbeknown to Thomas, an Academy employee was stocking the top shelf one aisle over,” the suit states. “The employee … was stacking merchandise and pushing newly stacked merchandise to the rear of the shelf, ultimately resulting in the bucket of baseballs falling and striking Thomas on the head.”
The suit says Trevor suffered mental pain seeing his father injured in front of him, for which he sues.
Thomas’ wife is suing for loss of consortium and loss of household services.
Thomas is suing for his alleged past and future disfigurement, impairment, lost wages, mental anguish and medical expenses.
The plaintiffs are represented in part by the Law Offices of Mark Long in New Braunfels.
Judge Gary Sanderson, 60th District Court, has been assigned to the case.
Case No. B-197669