5' 3" woman's suit over falling lemonade at Wal-Mart set for case management
A suit brought against Wal-Mart Stores Inc. and one of its managers by a woman who claims she injured her spine when she was hit by a falling lemonade container is set for case management.
The conference is set for 9:30 a.m. on Feb. 23.
Madison County Circuit Judge David Hylla will preside.
Plaintiff Christy McCabe is seeking damages in excess of $50,000 and costs. She is five foot, three inches tall, the suit states.
McCabe alleges that while visiting Wal-Mart's Collinsville store in May 2010 she attempted to get a five pound container of lemonade off a high shelf.
The container fell and allegedly hit the plaintiff on the head with enough force to injure her spine.
The suit claims that Wal-Mart and manager, Matt Gehrs negligently allowed a merchandise display to create a hazard and left a premises in a dangerous condition.
Discovery has been on-going in the 2010 suit.
Most recently, answers to interrogatories have been exchanged between the parties.
Eric Carlson represents the plaintiff.
James Borland represents Wal-Mart and Gehrs.
The case is Madison case number 10-L-825.