Wal-Mart customer sues Frito-Lay after allegedly being struck in head by falling box

GRETNA – A man is suing after allegedly being hit in the head by a box of Frito Lay goods that fell and hit him in the head while he was shopping at a local store.

Patrice Spencer filed suit against Randy Couvillion, Old Frito-Lay Inc., Rolling Frito-Lay Sales LP, Pepsico Inc. and Wal-Mart Stores Inc. in the 24th Judicial District Court on Jan. 15.

Spencer asserts on Feb. 4, 2013 he was walking in the Wal-Mart store on Manhattan Boulevard in Harvey when a box that had been stacked on a cart under the control of Spencer, who was engaged in stocking shelves with Frito-Lay goods, fell on him. The plaintiff claims the boxes had been improperly stacked on the cart and that the box that fell struck him in the head. Spencer alleges he was injured in the incident.

The defendant is accused of failing to properly inspect the premises, failing to warn patrons of a dangerous condition, failing to have in effect a proper and adequate safety program, failing to have in effect proper and adequate training program regarding the stacking of merchandise, failing to properly stack merchandise on cart and lack of attention due to cell phone usage.

An unspecified amount in damages is sought for pain and suffering, mental anguish, medical expenses, loss of enjoyment of life, lost wages and loss of earning capacity.

Spencer is represented by New Orleans-based attorney Darryl M. Breaux.

The case has been assigned to Division N Judge Stephen D. Enright Jr.

Case no. 734-700.