NEW ORLEANS - An Orleans Parish mother is suing Wal-Mart claiming the store's negligence caused her son to suffer a facial laceration when a Nintendo remote control hit him in the face while he was playing a video game.
Danielle Hotard, individually and as the natural tutrix of her minor son, filed suit against Wal-Mart Louisiana on March 6, 2012 in St. Bernard Parish District Court. The defendant removed the case to federal court in New Orleans on April 12.
The alleged incident occurred on March 10, 2011 as the minor child was shopping at the Wal-Mart store in Chalmette. According to the lawsuit, the boy was using a display Nintendo machine and was injured when the device's remote control "popped up" into the air and hit him in the face.
The defendant is accused of negligence for allowing customers and their children to use devices that were not properly set-up or installed.
The plaintiff is asking for an award of damages for physical pain and suffering, medical expenses, disfigurement, interest, and court costs.
Hotard is represented by New Orleans attorney James Maher III.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:12-cv-00935