Lowe's shopper sues store after brick pavers fall from shelf and hit him in face

Michelle Keahey Oct. 6, 2012, 2:50am

NEW ORLEANS - A Lowe's shopper has filed a lawsuit that claims the store improperly stacked brick pavers which created the dangerous condition and allowed the brick pavers to fall from the shelf and hit him in the face.

Raul Esquivel, Jr. filed suit against Lowe's Companies Inc. on Sept. 21 in federal court in New Orleans.

The alleged incident occurred on Oct. 10, 2011 as Esquivel was a customer in Lowe's on Jefferson Highway in New Orleans.

The defendant is accused of negligence for allowing the shelves to remain in a condition with pavers stacked inappropriately and in a dangerous manner, for having an employee with knowledge of the stacked pavers and not remedying it, by creating an unreasonably dangerous condition, failing to place any warning signs in the area, failing to warn Esquivel and others of the dangerous situation, by failing to properly monitor shelving and items upon it, by allowing patrons to have access to pavers stacked unreasonably, and by failing to have proper and adequate procedures in place to inspect, clean and maintain merchandise to ensure that it did not create an unreasonably dangerous condition.

The plaintiff is seeking damages for pain and suffering, mental anguish, anxiety, medical expenses, lost wages, loss of enjoyment of life, disability, liquidated damages, attorney's fees, interest, and court costs.

Esquivel is represented by New Orleans attorney Timothy R. Richardson. A jury trial is requested.

U.S. District Judge Susie Morgan is assigned to the case.

Case No. 2:12-cv-02331

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