NEW ORLEANS - A Lowe’s customer has filed a lawsuit claiming she was injured when she was struck by a stack of shopping carts.
Denise Vedros Ditta and Donald Anthony Ditta filed suit against Lowe’s Home Centers Inc. on June 4 in the Jefferson Parish District Court. The defendant removed case to federal court in New Orleans on Nov. 20.
The alleged incident occurred on June 5, 2011 as Ditta was shopping at the Lowe’s located in Marrero. She was paying for her products when she was struck by a string of shopping carts that was being pushed into the store by a store employee.
Ditta states that she did not have any warning as the employee who was pushing the baskets into the store was entering an “exit only” of the store.
The defendant is accused of negligence for failing to warn Ditta and other patrons of the hazards associated with the actions of the store’s employees, failing to use ordinary care in the maintenance of the premises and shopping baskets for invites and business patrons, failing to take the necessary precautions to avoid incidents, failing to properly advise its employees on the proper and safe procedure of returning baskets in the store, and for failing to discover and correct the dangerous condition.
Ditta is asking for an award of pain and suffering, loss of quality of life, medical expenses, loss of earning capacity, mental and physical disability and discomfort, loss of enjoyment of life, lost wages, emotional distress, mental anguish, loss of consortium, interest, and court costs.
The plaintiffs are represented by New Orleans attorney Kenneth W. Waguespack, Jr.
U.S. District Judge Nannette Jolivette Brown is assigned to the case.
Case No. 2:12-cv-02804