Wal-Mart and Sam's Club are facing a
personal injury lawsuit after a costumer claimed that she sustained a number of injuries while visiting the store.
Deborah LoDuca is suing Wal-Mart and Sam's Club for more than $75,000 in damages after she sustained several injuries while trying to sit in an office chair that was on display in an O'Fallon Sam's Club store. LoDuca's claim states the chair malfunctioned as she was lowering herself into the chair.
According to the lawsuit filed in St. Clair County Circuit Court, LoDuca claims she is now suffering from lower back injuries, bodily pain and anguish, and loss of a normal life as the result of the accident. She is also claiming damages for medical expenses.
LoDuca is claiming the defendants failed to fix the dangerous condition when they knew or should have known there was a reasonable risk of danger. LoDuca also alleges that the chair was not properly assembled, and that the defendants failed to inform costumers that it was potentially dangerous to sit in the chair.
But Wal-Mart and Sam's Club are firing back, saying LoDuca failed to use her arms to hold the chair while trying to sit down. They also say LoDuca did not lower herself into the chair at an appropriate speed or angle. Furthermore, Wal-Mart and Sam's Club argue that LoDuca failed to sit on the chair in an appropriate and stable place.
The case was originally filed in state court in St. Clair County. Wal-Mart and Sam's Club have removed the case to a federal court in East St. Louis, arguing the case should be heard in federal court due to complete diversity of citizenship.
No hearings have been scheduled at this time.
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