NEW ORLEANS - Claiming her child was struck in the head by a falling metal sign, Orleans Parish mother Velbert Stampley, on behalf of her minor child, filed a lawsuit against Wal-Mart stores and John Doe on Aug. 7, 2012 in Orleans Parish District Court.
The defendant removed the case to federal court in New Orleans on Sept. 19.
The alleged incident occurred on Aug. 8, 2011 as the minor was shopping at the Wal-Mart located in New Orleans with his mother. He was standing in the check-out line when a large metal sign fell off the rail above his head and hit his forehead. Stampley states that her son suffered injuries to his head including concussive syndrome, laceration, abrasion, and post-traumatic headaches.
The defendant is accused of negligence for failing to maintain safe passage throughout the store and within the checkout lanes for its patrons, placing the public in a perilous situation, lack of adequate inspection or training procedures, creating hazardous conditions for its patrons, failing to warn of a hazardous situation or place proper warnings to the public for the specific area.
The plaintiff is seeking an award of damages for physical pain and suffering, mental pain and suffering, emotional distress, medical disabilities, and court costs.
Stampley is represented by Allan Berger, Norman F. Hodgins, III and Andrew Guiger of Allan Berger & Associates in New Orleans.
U.S. District Judge Susie Morgan is assigned to the case.
Case No. 2:12-cv-02312