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Brenda McMullen filed a negligence claim against Lowe's for injuries she suffered after stacked pavers fell on top of her. The case was filed in a Madison County courthouse in Indiana, but has since been moved to a federal court in Indianapolis based on interstate commerce, and the belief that damages, though currently unspecified, could reach over $75,000.
Suing for negligence, McMullen claims that Lowe's improperly stacked and stored pavers, which fell and struck her. She sustained physical and emotional injuries, which she claim may be permanent. She continues to have physical pain and suffering. McMullen has also incurred medical bills from these injuries, which she believes will continue since she may have permanent bodily damage.
Lowe's Is No Stranger to Negligence Lawsuits
Lowe's was sued for a similar claim a few months ago in nearby Warsaw, Indiana. In that case, it was lumber boards falling on a customer instead of pavers. Lowe's may have a policy of taking all negligence claims by customers seriously, after a Las Vegas woman slipped on some watery gel coming from plants in the Lowe's nursery area. She hit her head on the fall, fracturing her skull which caused hemorrhaging. She suffered chronic neck pain and headaches, increased anxiety and depression, issues with balance and has permanently lost her senses of taste and smell. She sued for negligence. The jury empathized with the woman, and within one day of closing arguments, awarded her $13.14 million.
Slip and fall accidents are serious, and sometimes injuries one would think would heal quickly just never do. There are limits on how much time can lapse after the injury to file suit. If you have been involved in a slip and fall accident, discuss your case with an experienced premises liability attorney. Most will provide an initial consultation at no expense, and take your case on a contingency basis.