MadisonRecord.com is reporting that Wal-Mart and Sam's Club has moved a personal injury lawsuit to federal court and that the store chains are arguing complete diversity of citizen exits.
Also, the store chains are arguing that the amount of the personal injury damages likely exceeds $75,000, which makes the movement of the case to federal court understandable.
Reports indicate that Deborah LoDuca is suing both Wal-Mart and Sam's Club for the injuries she sustained after sitting on an office chair that was displayed on the floor of a store in O'Fallon, Illinois. The lawsuit was filed on August 29th in St. Clair County Circuit Court. LoDuca claims that the chair malfunctioned as she was lowering herself onto the seat, which led her to
fall on the floor of Sam's Club.
DoLuca blames her fall on the dangerous condition of the chair and she also claims that the store should have been aware of the condition and unreasonable risk the chair presented to store patrons. The plaintiff also claims the arm of the chair was not properly assembled and that the store failed to warn her of the risks of sitting on the chair.
Now, DoLuca alleges that she has continual back pain from the spinal cord injury she sustained after falling in the store. She is suing for bodily pain, loss quality of life and for her medical expenses.
The defense attorneys representing Wal-Mart allege that DoLuca suffered injuries because she failed to sit appropriately in the chair and because she sat in the chair knowing it was not in a stable place. The also allege that DoLuca lowered herself inappropriately in the chair, which led to the fall, which they claim they are not liable for.
At this time, no hearings for the case have been scheduled, and the exact amount of the damages being sought has not been revealed.
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