Bathroom dispensing machine door falls on woman's head; K-Mart sued for $100k

Kelly Holleran Feb. 9, 2009, 7:10am

A woman claims her neck, shoulder and low back were injured after the door of a dispensing machine fell open and struck her on the head.

Glenda Junge claims she was using the restroom at K-Mart in Fairview Heights on Nov. 29 when the door fell open, according to the complaint filed Feb. 2 in St. Clair County Circuit Court.

Because of the incident, Junge was made sick, sore, lame, disordered and disabled, received injuries to the soft tissues of her cervical and shoulder area and incurred medical costs, the suit states.

Junge also claims she suffered disability, experienced pain and suffering, lost money from a loss of wages and will suffer an impairment of her future earning capacity.

K-Mart was negligent by allowing a faulty condition of the door in the woman's restroom to exist, by failing to maintain its premises in a safe condition, by failing to have a safe procedure for maintaining the premises, by failing to warn of the faulty condition, by failing to warn of the dangerousness of the door and by improperly placing the dispenser in the restroom, according to the complaint.

The store also negligently failed to properly hang the dispenser and failed to warn people of the improperly hung dispenser, the suit states.

In the two-count suit, Junge is seeking a judgment in excess of $100,000, plus costs.

Thomas C. Rich and Jennifer L. Barbieri of Fairview Heights will be representing her.

St. Clair County Circuit Court case number: 09-L-0057.

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