Broken chair leads to lawsuit against Walgreens

By Lizzy Fitzsousa | Apr 24, 2014

NEW ORLEANS – A local woman is suing Walgreens after a camping chair she purchased collapsed underneath her.

Joyce Dibartolo filed suit against Walgreen Louisiana Company, Inc., East West Distributing Company, ABC company and XYZ insurance in the Orleans Civil District Court on Jan. 24.

DiBarotolo asserts she was attending the Martin Luther King Jr. Day parade on St. Charles Avenue in New Orleans when she bought a camping chair from the Walgreens located at 1801 St. Charles Ave. in New Orleans on Jan. 25, 2013. According to the suit, after watching her grandson pass by in the parade, she sat back down in the chair. The supporting pipe structure on the chair allegedly cracked into pieces, causing the chair to fail and causing serious and debilitating injuries to her neck, back, legs and shoulders.

The suit claims the chair was unreasonably dangerous in its construction or composition, dangerous in design, dangerous because of inadequate warnings and nonconformity to express warranty.

DiBartolo is suing for damages including pain and suffering, medical anguish, medical expenses, disability, loss of enjoyment of life, impairment of earnings capacity and loss of wages.

Plaintiff is represented by Arthur D. Dupré of Leefe, Gibbs, Sullivan & Dupré.

Walgreens and East West Distributing Company answered the suit on March 12 claiming no wrongdoing. They argue any incident that may have occurred is the fault or negligence of petitioner or third party.

The defendants are represented by Kurt S. Blankenship of Metairie-based Blue Williams LLP.

Case is assigned to Division D Judge Lloyd J. Medley.

Case no. 2014-00917.

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