Wild bird attack leads to cognitive skill loss and lawsuit

Steve Gonzalez Apr. 13, 2005, 11:44am

Following a wild bird attack at the Fairview Heights Lowe's Home Center, a Centerville woman filed suit April 12 in Madison County Circuit Court seeking damages for injuries which include loss of cognitive skills.

Seeking at least $100,000 in damages, Rhonda Nichols claims the attack took place on April 15, 2003 while in the store's outdoor garden center. She incurred injuries to her head, brain, neck, including herniation of her C5-C6 and C6-C7, loss of neurological functions, cognitive skills as well as injuries to her muscles, bones, nerves, and ligaments.

Nichols claims that the wild birds created a dangerous condition on the property and that Lowe’s failed to exercise ordinary care to ensure that the premises were reasonably safe and failed to prevent the birds from entering the garden center.

According to the complaint, Nichols has incurred medical bills in excess of $20,000 and has sustained an impairment in her earning capacity in excess of $3,000 and will continue to suffer future losses.

Nichols is represented by Zane Cagle of St. Louis.

Even though Nichols and the store where the incident occurred are situated in St. Clair County the lawsuit states that Madison County is a proper venue because Lowe’s has a store in Alton.

The case has been assigned to Circuit Judge Daniel Stack.

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