5' 3" woman's suit over falling lemonade at Wal-Mart set for case management

Amelia Flood Feb. 10, 2011, 7:55am


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.

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