Broken shopping cart injury case against Wal-Mart goes to federal court

Amelia Flood Feb. 23, 2010, 5:57am

A woman's suit against Wal-Mart over injuries she suffered due to a broken shopping cart has been removed to federal court.

The suit had been set for case management before Madison County Circuit Judge Andy Matoesian Wednesday at 9 a.m.

Plaintiff Deborah Wiess of Highland sued Wal-Mart Stores Inc. of Delaware for allegedly failing to maintain its shopping carts at the company's Highland store.

Wiess claims she was using a cart while shopping in September 2008 when it broke.

A piece of the cart allegedly struck Wiess's leg and jarred her back.
She claims her injuries required her to undergo surgery, lose wages and incur medical costs.

Her suit seeks damages in excess of $50,000.

Wal-Mart, in its answer in the suit, denies the allegations and argues Wiess contributed to the incident.

The company filed to remove the case to federal court.

It was removed Feb. 12.

Wiess is represented by Heidi Leopold of St. Louis.

Wal-Mart is represented by James DeFranco of Swansea.

The case is Madison case number 09-L-936.

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