A woman seeks damages in excess of $75,000 in a suit alleging that she sustained personal injuries after being run over by a row of shopping carts.
On December 13, Jo Ann Funk filed suit in the Marshall Division of the Eastern District of Texas, naming Sam’s East Inc., doing business as Sam’s Club and Wal-Mart Stores Inc. doing business as Sam’s Club, as a defendant.
The suit claims that on September 12, 2009, Funk was standing in the foyer area of a Sam’s Club store in Tyler, Texas with her back to the entrance as she prepared to take a shopping cart.
Funk claims she was run over by a long train of shopping carts that were being pushed through the entrance doors at a high rate of speed.
The suit alleges negligence on the part of the defendants for operation of the shopping cart train at an excessive rate of speed, failure to maintain a proper lookout, failure to operate the shopping cart train in a safe manner, failure to timely apply its braking system, failure to have appropriate safety policies and procedures in place for the operation of shopping cart trains, and failure to provide appropriate instruction to employees concerning safe operation of the shopping cart trains.
Funk seeks damages for physical pain and impairment, mental anguish, medical costs, interest, and costs of suit.