Sears shopper sues after dress rack falls and strikes foot

A Sears customer is suing the retail store after a metal pole fell and hit her foot.

Stacey Le Cron filed suit against Kmart Corp. d/b/a Sears and/or Sears Holding Cor. on April 13 in Jefferson Parish District Court. The defendant removed the case to federal court in New Orleans on May 25.

According to court records, Le Cron was shopping in the dress section of the retail store on April 16, 2010 when she was injured. She states she was walking through the aisles when she was struck by a metal dress rack pole that was against the wall. The pole struck her right foot. The injury caused nerve damages to the foot and Le Cron states it may need surgery to repair the damage.

The defendant is accused of negligence for storing the metal dress rack parts in an unsafe and unstable manner, failing to prevent customer access to an unsafe area and failing to warn of the potential for the metal dress rack poles to fall.

The plaintiff is asking for an award of damages, plus interest and court costs.

Le Cron is represented by Metairie attorney Malcolm B. Robinson, Jr.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:11-cv-01230