Wal-Mart Faces Personal Injury Suit After Customer Rammed With Shopping Cart
A lawsuit filed against Wal-Mart by a 70-year-old Texas woman claims an employee struck her with a shopping cart and caused injuries.
Betty E. Wheat said the force coupled with the surprise of the impact led to her fall near the entrance of the Lewisville, Tx. branch of big box chain of stores, and in the process she injured her hip, according to the Southeast Texas Record.
The injury lawsuit alleges that on Jan. 9, 2008, Wheat was walking up to an area where shopping carts were held. A Wal-Mart employee, who was not identified by the Record, was driving a machine that can move a row of carts at once, according to the suit. The employee pushed a line of carts using the machine into a stationary rack of carts, which then ran into her.
“The sudden jolt from the shopping carts combined with the surprise of the collision forced Plaintiff to fall to the ground, causing bruising to her left hip and ensuring significant pain throughout her back and neck,” according to the lawsuit.
Wheat was able to leave the store unassisted, but she said she was feeling pain from the fall afterwards. The next day she was still under a great deal of intense pain that an ambulance was later called and took her to a nearby emergency room, the Record reported.
She then spent the next nine days in the hospital where she underwent treatment for pain and testing to see if she was injured beyond bruising on her hip.
The lawsuit claims that the Wal-Mart worker was driving the cart-moving machine too fast and did not properly slow down before approaching a row of stationary carts. Wheat also said in the suit that the company is responsible for the worker’s actions, and the worker was negligent.
Wal-Mart responded to the lawsuit filing by generally denying all of the accusations.
Wheat said she believes the employee failed to carefully watch to see if it was safe for people near the carts in a way that an ordinary person would have done, given the possibilities of injuring a bystander, according to the Record. The suit also accuses the employee of failing to keep a safe distance from people while using the cart-moving machine.
Wheat’s suit is asking for damages to compensate past and future medical expenses, as well as physical and mental pain and suffering, although an exact dollar amount was not specified.