Lowe's denies negligence in falling lumber suit

By Ann Maher | May 14, 2013


Lowe’s is denying negligence in a suit brought by a man who claims falling lumber caused him permanent injuries.

John S. Clark filed a personal injury suit against Lowe’s Companies Inc. in Madison County Circuit Court in February.

The incident complained about allegedly happened in May 2012 while Clark was shopping at the Lowe’s on Homer Adams Parkway, according to the complaint. As he tried to move a single six-foot fence panel from a stack of nearly two dozen, Clark says the entire stack of lumber fell on top of him.

He claims that falling fence panels caused him to receive permanent injuries to his neck, shoulder, back and leg. He is asking to be awarded more than $50,000 in damages for medical expenses and lost wages.

In its May 7 answer to the complaint, Lowe’s states that if Clark sustained any injury it was caused in whole or in part by his contributory negligence “so as to bar any recovery herein.”

Clark responded to Lowe’s answer on May 13, denying the company’s affirmative defenses.

Attorney Bob L. Perica with the Perica Law Firm in Wood River represents Clark.

Gordon Broom and Benjamin W. Powell of HeplerBroom in Edwardsville represent Lowe’s.

Madison County Circuit Court Case No. 13-L-208


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