Ice cream tub injures shopper's foot, suit seeks $100k in damages

Ann Knef Aug. 28, 2007, 10:50am

Shop N Save customer Denise Walton is seeking in excess of $100,000 in damages for injuries sustained when a four-gallon tub of ice cream fell out of a freezer door and landed on her left foot.

Walton claims the incident, which occurred July 25, 2006, at the store located at 4201 North Belt West in Belleville, aggravated a pre-existing arthritic condition in her foot, left ankle, left knee, left hip, left side and lower back.

According to Walton's suit filed Aug. 27 in St. Clair County Circuit Court, the store breached its duty to maintain its freezer containing ice cream in a reasonably safe condition.

Four toes on her left foot also were bruised and contused, and she has incurred $7,500 in medical expenses, Walton claims.

She also claims she will incur future medical expenses in excess of $10,000.

"The four-gallon tub of ice cream would not have fallen and landed on Plaintiff's left foot, when Plaintiff opened the freezer door, without the commission of a negligent act or omission by the Defendant," the complaint states.

Walton is represented by David M. Duree of O'Fallon.

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