Landscaping flaws at Toys "R" Us leads to customer's personal injury suit

Kelly Holleran Dec. 14, 2009, 2:23am

A woman claims Toys "R" Us should never have left landscaping stones near the entrance to its store because they caused a tripping hazard.

Vikka Swain filed a lawsuit Dec. 7 in St. Clair County Circuit Court against Toys "R" Us, Michael Little and Genesis Facility Management.

Swain claims she shopped at the Marion Toys "R" Us on Dec. 14, 2007, when she tripped and fell over landscaping stones located near the store's entrance.

Because of the incident, Swain suffered severe and permanent injuries, including a fractured left elbow; sustained mental anguish, pain and disfigurement; and became permanently prevented from attending to her usual affairs and duties, the suit states.

Swain blames Toys "R" Us for allowing landscaping stones to be placed near the store's entrance and for failing to remove the stones.

Besides Toys "R" Us, other named defendants in the suit include Michael Little, who managed the Marion Toys "R" Us, and Genesis Family Management, which owned the Toys "R" Us in question.

In the three-count suit, Swain seeks a judgment of more than $150,000, plus costs.

Joseph A. Bartholomew of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-646.

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