Sears sued for not properly storing boxes after woman is crushed

Michelle Keahey Oct. 21, 2011, 4:27am

After being crushed by several boxes of steel shelving, a Terrebonne County resident has filed a personal injury lawsuit against a hardware store for not properly storing and displaying the boxes.

Melanie Margaret Whipple filed suit against Sears, Roebuck and Company and Terry Bean on Sept. 14 in Terrebonne Parish District Court. The defendant removed the case to the federal court in New Orleans.

Whipple states she was injured on Oct. 12, 2010, when three boxes of steel shelving fell on top of her while she was on the premises of a Sears located in Houma. She states that each box weighed approximately 90 pounds.

The defendant is accused of negligence for failing to properly store and display the boxes in a safe manner, failing to warn patrons that shelving was not stacked properly and other acts of negligence.

The plaintiff is seeking damages for physical pain and suffering, mental pain and suffering, permanent disability, impairment of earning capacity, medical expenses and interest.

Whipple is represented by Michael J. Samanie and Stephen S. Stipelcovich of Law Office of Michael J. Samanie in Houma.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:11-cv-02590

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