Lowe's customer claims his back popped out of place while lifting merchandise

Kelly Holleran Aug. 10, 2010, 11:28am

A St. Clair County man claims he attempted to help Lowe's employees lift a roll of carpet into his truck when his back popped out of place.

Michael Marler filed a lawsuit July 21 in St. Clair County Circuit Court against Lowe's Home Centers.

Marler claims his employer, Smoke Services, ordered him to travel to the Lowe's in Fairview Heights to pick up a 12-foot long roll of carpet on July 22, 2008.

When Marler arrived, he asked for assistance to load the roll into the back of his vehicle, according to the complaint.

"The employees and Plaintiff lifted one end of the carpet up 4-5 feet onto the box of the truck," the suit states.

"The two Lowe's employees then stood outside the box truck, and the Plaintiff entered the box truck. While Plaintiff was lifting and pulling from inside of the box truck, the employees picked up the other end and pushed the carpet into the box truck toward the Plaintiff. At said time and place, when the two employees pushed the carpet into the box truck toward Plaintiff, the force and weight of the carpet popped Plaintiff's back."

Because of the incident, Marler lost wages and his earning capacity, experienced pain, suffering and disability and lost his enjoyment of life, the complaint says.

Marler blames Lowe's for causing his injuries, saying the store's employees failed to use proper equipment to load the truck and failed to properly load the truck.

In his complaint, Marler is seeking a judgment of more than $50,000, plus costs.

Michael L. McGlynn of McGlynn and McGlynn in Belleville will be representing him.

St. Clair County Circuit Court case number: 10-L-375.

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