5'3" Wal-Mart customer sustains spinal injury while reaching for double-stacked lemonade

Kelly Holleran Aug. 17, 2010, 6:30am

A Madison County woman claims she suffered spinal injuries after a five-pound container fell on her head while she shopped at Wal-Mart.

Christy McCabe filed a lawsuit Aug. 9 in Madison County Circuit Court against Wal-Mart and its manager, Matt Gehrs.

McCabe claims she visited the Collinsville Wal-Mart on May 19 to buy a five-pound container of lemonade. Wal-Mart employees, however, had made the lemonade difficult to reach by placing it double stacked on the top shelf, according to the complaint.

As the 5'3" McCabe attempted to retrieve a container of lemonade from the top shelf, it fell on her head, causing her to suffer an acute C6-7 cervical disc herniation that required a C6-7 anterior cervical discectomy with fusion and plate fixation, the suit states.

In addition, because of the incident, McCabe experienced pain, suffering, disability and disfigurement and lost her strength and enjoyment of life, the complaint says. McCabe claims she also incurred medical costs.

In her complaint, McCabe accuses Wal-Mart and its manager of negligently allowing a merchandise display system to create the risk of falling objects and to constitute a clear hazard, of improperly double stacking merchandise and of failing to inspect the premises for a dangerous condition, among other negligent acts.

McCabe seeks a judgment of more than $50,000, plus costs.

Eric J. Carlson of Byron, Carlson, Petri and Kalb in Edwardsville will be representing her.

Madison County Circuit Court case number: 10-L-825.

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