Kyle Barnett Aug. 15, 2013, 10:44am

GRETNA – A Westwego man is suing a corporate hardware store for injuries he claims to have received when a cement bag fell off a forklift and onto his head.

Roy Noel filed suit against Lowe’s Home Center in the 24th Judicial District Court on June 12.

Noel claims that he was shopping at the Lowe’s located on Barataria Boulevard in Marrero when he purchased a pallet of cement for a home project he was working on. The plaintiff alleges that one of the defendant’s employees lifted the pallet jack holding the pallet of cement into the air with a forklift and that when he did so the jack shifted and a cement bag fell and struck the plaintiff in the head and neck areas.

The defendant is accused of failing to take adequate measures to prevent the plaintiff from being exposed to unreasonable risks, failing to act as reasonably prudent, failing to make a reasonable effort to keep premises free from hazards, failing to adequately maintain equipment and failing to act with a degree of prudence and care.

Damages exceeding $75,000 are sought for medical expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, emotional distress, loss of love and affection, loss of consortium and loss of enjoyment of life.

Noel is represented by Dominick F. Impastato III of Frischhertz, Poulliard, Frischhertz & Impastato LLC.

The case has been assigned to Division J Judge Stephen C. Grefer.

Case no. 727-862.

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