Lowe's sued by man who trips over garden hose

Kelly Holleran Mar. 5, 2010, 2:10am

A Lowe's customer claims he incurred medical costs after tripping over a garden hose and falling on water in the store's garden center.

Gerald and Donna Mangiarcino filed a lawsuit March 3 in Madison County Circuit Court against Lowe's of Glen Carbon, Lowe's Home Improvement Center, Lowe's of Illinois, Lowe's Home Centers and unknown persons identified only as John Doe.

Gerald Mangiarcino claims he shopped at the Glen Carbon Lowe's located at 159 Whistle Stop Dr. on April 10, 2006, and walked through the garden and yard care center when he fell after tripping over a garden hose running across the walkway and fell in a puddle of water.

"The aforementioned garden hose was laid across the walkway or was allowed to lay across the walkway Defendant John Doe, and was done while Defendant John Doe acted within the course and scope of his employment and or agency with the Lowe's Defendants," the suit states.

Because of the incident, Gerald Mangiarcino experienced pain and suffering, lost his normal life, suffered disability and lost wages, the complaint says. In addition, Donna Mangiarcino claims she lost her husband's society, consortium, companionship, love, affection and support.

The Mangiarcinos blame the defendants for Gerald Mangiarcino's fall, claiming they performed a number of negligent acts, including their failure to maintain the walkway, failure to remove the garden hose and the accumulation of water on the floor, failure to warn of the garden hose, failure to barricade access to the walkway while an employee used the garden hose, allowance of the garden hose and water to remain on the floor of the store for an unreasonable length of time and failure to provide a safe place for Gerald Mangiarcino to walk.

In their two-count suit, the Mangiarcinos seek a judgment of more than $100,000, plus costs and other relief the court deems just.

Stephen B. Evans of Evans Partnership in St. Louis will be representing them.

Madison County Circuit Court case number: 10-L-224.

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