Upton
Wal-Mart customer Carolyn Brumley claims the motorized mobility scooter she was operating at a Boutte store flipped over and landed on her.
Brumley filed a filed a personal injury suit against Wal-Mart and its insurers April 1 in St. Charles Parish District Court, but the case was removed to federal court in New Orleans on April 29.
She claims the allegedly defective scooter was missing a wheel, which caused the scooter to flip while she was at the store on July 6, 2009.
Brumley claims she was forced to seek medical treatment for her hip, chest and ultimately, had to have surgery on her ankle.
She accuses Wal-Mart and its employees of negligence for not properly maintaining the scooter. Arguing the store is liable for her injuries, Brumley states that the defendants knew or should have know the scooter constituted an unreasonable risk of injury and that an injury was reasonably foreseeable.
Brumley is asking the court to award damages for her medical expenses, interest, legal fees and court costs.
Covington attorney Timothy F. Upton of The Upton Law Firm is representing Brumley.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No 2:10cv01232