Wal-Mart shopper claims merchandise fell on her at Collinsville store

Kelly Holleran Jun. 30, 2011, 4:34am

A Madison County woman has filed suit against Wal-Mart, alleging a pile of stacked merchandise fell as she walked near it, striking her.

Jane A. Toombs claims she was shopping at the Collinsville Wal-Mart on Nov. 27, 2009, when she was struck by the falling goods as she walked near a pile of stacked shop vacs.

Because of the incident, Toombs was made sick, sore, lame, disordered and disabled and incurred medical costs, according to the complaint filed June 23 in Madison County Circuit Court. In addition, she suffered disability, experienced pain and suffering and lost wages, the suit states.

Walmart employees negligently failed to maintain a proper lookout, failed to maintain proper control over the stack of vacuums, improperly stacked the vacuums, improperly used equipment in the area of the stacked vacuums and failed to obtain assistance while working in the area of the stacked vacuums, among other negligent acts, the complaint says.

In her complaint, Toombs seeks an unspecified judgment.

Robert C. Nelson of Nelson and Nelson in Belleville will be representing her.

Madison County Circuit Court case number: 11-L-606.

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