Woman Claims She Fell In Hole Sears Knew About But Failed To Repair

A woman has filed a personal injury suit against Sears, claiming she was injured when she stepped in an unprotected and only partially covered hole.

According to the suit filed by Lisa D. and Steve Foster against Sears Roebuck and Company, doing business as Sears Tire and Auto Center on April 14 in the Marshall Division of the Eastern District of Texas, when she brought her car to a Sears in Plano, Texas for repairs, she was riding in the passenger seat as an employee backed the vehicle into a repair stall.

Foster claims that as she exited the vehicle, she stepped in the hole. She claims the employees failed to warn her that the hole was there, despite admitting that they were aware of its presence.

The suit alleges negligence on the part of Sears for failure to reduce or eliminate the risk of harm, despite knowing of a dangerous condition that presented an unreasonable risk of harm.

The Fosters seek damages in excess of $75,000 for pain, mental anguish, loss of income, disfigurement, medical expenses, and lost consortium. They have requested a trial by jury.