Delivery man sues Wal-Mart after pallet jack stops working

Michelle Massey Apr. 4, 2011, 4:47am

A delivery man is suing Wal-Mart after a loaded pallet jack stopped working and caused him to suffer a back injury when he attempted to stop the pallet from crushing him.

Gerard Parfait and Marie Parfait filed suit against Wal-Mart Stores Inc. and Wal-Mart Louisiana on Oct. 7, 2010 in St. John the Baptist Parish District Court. The defendant removed the case to federal court in New Orleans on March 25.

Gerald Parfait injured his back on Oct. 10, 2009 while attempting to use a pallet and pallet jack to unload dairy products from the Lafleur Diary truck and into a Wal-Mart store, the suit states.

Parfait states the pallet jack had a defective wheel preventing the pallet jack from going forward up the loading ramp. He claims he attempted to restrain the pallet as it started to come back down the ramp.

The defendant is accused of failing to correct the dangerous condition, failing to provide safe equipment for the delivery of products to the store and failing to warn the petitioner and others that the pallet jack was not safe for its intended use and purpose.

The plaintiffs are seeking damages for loss of consortium, pain and suffering, loss of enjoyment of life, medical expenses, physical disability, lost wages, loss of wage earning capacity, interest and court costs.

The Parfaits are representing themselves.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:11-cv-00666

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