Lowe's customer claims garden hose posed unreasonable risk of harm

Steve Gonzalez Apr. 9, 2008, 7:00am

A Granite City man who tripped and fell and the Glen Carbon Lowe's filed a personal injury suit in Madison County Circuit Court April 7, alleging there was an unreasonable risk of harm to customers present while he was shopping.

Gerald Mangiarcino claims he was walking in the garden and yard care section on April 10, 2006, when he tripped and fell over a garden hose running across the walkway and an accumulation of water caused by the hose.

Mangiarcino claims Lowe's and its employees could have or should have reasonably expected the customers would not discover or realize the danger the hose and water caused.

He claims Lowe's was negligent in failing to maintain its walkway in a safe manner, failed to remove the garden hose and eliminate the accumulation of water, failed to warn of the hose and water and allowed an unnatural accumulation of water to remain.

Mangiarcino also claims Lowe's failed to provide a good, safe and proper place for him to walk, failed to inspect the premises and failed to exercise reasonable care.

Represented by Stephen Evans of St. Louis, Mangiarcino claims he sustained damages including past and future medical expenses, pain and suffering, loss of a normal life, disability, increased risk of future harm and lost wages.

Mangiarcino's wife, Donna Mangiarcino, is also seeking damages claiming her husband's injuries have caused her to suffer the loss of his society, consortium, companionship, support and love and affection.

The Mangiarcinos are seeking damages in excess of $100,000, plus costs.

The case has been assigned to Circuit Judge Andy Matoesian.

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