NEW ORLEANS – A man has filed suit against Walgreens after he was allegedly hit by an out-of-control cart containing plastic storage bins, causing him to fall.
Richard Jensen filed suit against Walgreen Louisiana Company Inc. in the Orleans Parish Civil District Court on Aug. 9.
The plaintiff alleges that on Oct. 6, 2012, he was shopping in the Walgreens on Robert E. Lee Blvd. in New Orleans, and while he was bending over to look at sunglasses, an employee came around the corner with a cart containing plastic storage bins and lost control of the cart. The cart hit the plaintiff and caused him to fall, and as he fell, the bins in the cart fell on top of him, hitting him in the head, according to the suit.
The defendant is accused of creating an unreasonable risk of arm on the premises by not ensuring proper care of transporting carts in the aisle, failing to exercise reasonable care to keep aisles in safe condition and failing to act as a reasonably prudent person would under the circumstances, in light of the foreseeable risk of arm.
The plaintiff seeks an unspecified amount in damages for medical expenses, lost wages, pain and suffering, mental anguish, emotional distress, loss of love and affection, loss of consortium, loss of enjoyment of life and numerous other damages.
The plaintiff is represented by Lloyd N. Frischhertz of Frischhertz, Poulliard, Frischhertz & Impastio LLC of New Orleans.
The case has been assigned to Division F Judge Christopher J. Bruno.
Case no. 2013-7513.