Kmart Corporation says a plaintiff’s discovery requests in a personal injury suit involving a turkey fryer are “vague, ambiguous and indefinite.”
Plaintiff Elisha N. Naumann had asked the retailer admit there were no signs on a store shelf revealing the weight of a box containing a turkey fryer.
Naumann sued Kmart last November in Madison County Circuit Court claiming a 50-pound turkey fryer hit her in the head.
In another discovery request, Naumann wants the store to admit there were no signs informing customers not to attempt to remove a turkey fryer from a shelf on their own.
Naumann filed the set of requests to admit on May 3. Kmart responded May 28. A case management conference is set for 9 a.m. Aug. 21 in Madison County Circuit Judge William Mudge’s courtroom.
Naumann’s suit claims the incident occurred Nov. 21, 2010, at the Kmart on Homer Adams Parkway in Alton.
She is asking that Kmart also admit that there were no signs on the store shelf informing customers to request help in removing items, that no employee witnessed the incident, that no employee offered to help her and that no employee told her not to attempt to remove the turkey fryer.
Kmart denies allegations, and asserts the plaintiff contributed to her own injuries.
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.
Bradley M. Lakin and Paul Johnson of St. Louis represent Naumann.
Kmart is represented by attorney Donald L. O’Keefe of Pitzer Snodgrass in St. Louis.
Madison County case number 12-L-1861