Shopper on scooter sues Macy's after vehicle runs into rack

Andrea Dearden Oct. 23, 2012, 11:50am


A Granite City woman says she was hurt while shopping at a Fairview Heights mall when a scooter she was riding was knocked over by a clothes rack.

Evelyn Votoupal filed a lawsuit Oct. 10 in St. Clair County Circuit Court against Macy's Retail Holdings Inc., St. Clair Square GP Inc., St. Clair Square GP I LLC and St. Clair Square SPE LLC.

Votoupal says she was shopping in the Macy's at St. Clair Square in October 2010. Votoupal was using a scooter provided by the mall, according to the complaint, because of a debilitating injury to her back. She says a clothing rack was sticking out in the aisle but allegedly hidden by the clothes hanging on it. Votoupal claims the scooter hit the rack, causing the scooter to turn over. The shopper says she was hurt by the overturned vehicle.

Votoupal accuses the mall of negligence for not allegedly failing to provide an adequate scooter for her to use safely. She also accuses Macy's of negligence for allowing a clothing rack to extend into the walkway. Votoupal asks for more than $100,000 in damages for medical costs and court fees.

Attorney Ronald A. Roth of Granite City represents her.

St. Clair County Circuit Court Case No. 12-L-535

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