Kmart says plaintiff was negligent in falling turkey lawsuit

By Christina Stueve Hodges | Mar 28, 2013

In response to a woman's claims that a 50-pound turkey fryer fell from a store shelf and hit her on the head, K Mart says the plaintiff contributed to her own injuries.

Elisha N. Naumann filed suit last November in Madison County Circuit Court, blaming the company for failing to implement adequate policies governing the safe placement, stacking, storage, shelving and retrieval of merchandise.

The alleged incident happened at the store on Homer Adams Parkway in Alton.

On March 20 Kmart responded saying the plaintiff failed to keep a careful look out of the conditions, failed to request assistance when removing merchandise from the shelf, failed to heed Kmart employee’s warning on the day of the incident, assumed the risk of removing merchandise from an overhead shelf without assistance, and refused to allow the defendant’s employees to assist her in the removal of merchandise from an overhead shelf.

Kmart denies it was negligent and denies that plaintiff was injured or damaged to the extent claimed.

Naumann seeks damages in excess of $50,000 for injuries that include severe bruising, contusion, wrenching, straining, spraining, tearing, twisting and pulling of the bones, nerves, tissues, tendons, ligaments and muscles of the head, neck, shoulder, back, and spine, and all musculoskeletal areas adjacent thereto..

She is represented by Bradley Lakin of SL Chapman in St. Louis.

Donald L. O’Keefe of Pitzer Snodgrass in St. Louis announced his representation of Kmart on March 20.

Madison County case number 12-L-1861

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