Wal-Mart shopper claims tendonitis after deli shelf falls on foot

Michelle Massey Aug. 6, 2010, 8:00am

A St. Charles Parish resident has filed a lawsuit against Wal-Mart after a store shelf allegedly fell on her foot.

Belinda Hocut filed suit against Wal-Mart Louisiana March 24 in St. Charles Parish District Court. Wal-Mart removed the case to federal court in New Orleans on July 22.

The alleged incident happened in April 2009 while Hocut was shopping at the Wal-Mart store in Boutte-Luling. While in the deli, Hocut says a shelf collapsed and fell onto her left foot and ankle. She claims she now suffers from tendonitis and nerve damage in her leg.

Wal-Mart is accused of negligence for failing to properly construct and anchor the shelving unit, failing to provide a safe establishment for shoppers and failing to warn that the shelving unit was subject to fall.

She is seeking damages for physical pain and suffering, mental anguish, medical expenses, lost wages, loss of earning capacity, loss of enjoyment of life, embarrassment and humiliation, interest and court costs.

Hocut is represented by Metairie attorney Mark W. Smith.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:10cv02050

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