Cracker Barrel placed various items for sale to distract customers, injury suit claims

Kelly Holleran Jun. 18, 2009, 3:45am

A woman and her husband are suing Cracker Barrel after the woman says she injured her left wrist when she fell over an object extending from a low lying shelf.

Claudia Jean Pryor and Jerry W. Pryor filed a lawsuit June 10 in St. Clair County Circuit Court against Cracker Barrel Old Country Store and CBOCS West.

The Pryors say Claudia Jean Pryor decided to shop around the Caseyville store while she waited for her party's name to be called on Feb. 21.

"At that time, another customer was trying to make his way to the restaurant area because his name had been called," the suit states. "He asked another person to let him pass, and that person did not respond. He then asked Plaintiff to step aside and let him pass, which she did."

When Claudia Jean Pryor stepped back to allow the man to pass, she tripped over an object that was extending over a low shelf. She fell, causing pain and suffering, disability, loss of enjoyment of life and loss of earning capacity, according to the complaint. Claudia Jean Pryor also incurred medical expenses, the complaint says.

Jerry Pryor says he suffered loss of consortium, including the care, companionship and society of his wife.

The Pryors claim Cracker Barrel negligently failed to keep the floor unobstructed, failed to inspect its merchandise displays to make sure aisles were free, failed to post a warning concerning the obstructed walkway, failed to keep the premises safe and placed various items for sale to distract its customers.

In the four-count suit, the Pryors are seeking a judgment in excess of $200,000, plus other relief the court deems just.

Robert W. Schmieder of Pratt and Tobin in East Alton will be representing her.

St. Clair County Circuit Court case number: 09-L-306.

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