Madison - St. Clair Record

Tuesday, September 17, 2019

Lowe’s denies liability in trip and fall suit

By Heather Isringhausen Gvillo | Sep 29, 2015

Lowe’s denies liability in a customer’s personal injury lawsuit alleging he was injured when he tripped over a lumber cart.

According to Phil LaRose’s June 26 complaint, he claims he was shopping at the Granite City Lowe’s on July 1, 2013. He was shopping in the lumber section when he allegedly tripped over a lumber cart, resulting in injuries.

He accuses defendant Lowe’s Home Centers of negligence for failing to warn the plaintiff of an unsafe condition, inspect the lumber section for hazards, operate the cart in a safe way, placing the cart in LaRose’s path, leaving a cart where it wasn’t sufficiently noticeable, remove the cart from the aisle and fix the hazardous condition.

Represented by Benjamin Powell of HeplerBroom in Edwardsville, Lowe’s denied the allegations against it in its Sept. 11 answer to the complaint.

The defendant asserted one affirmative defense against the plaintiff, arguing that any alleged injuries were caused by LaRose’s own negligence.

LaRose denied the allegations raised in the defendant's affirmative defenses in his Sept. 16 response, which was filed through attorney John Papa of Callis, Papa & Szewczyk in Granite City.

The plaintiff seeks damages of more than $100,000, plus costs.

Madison County Circuit Court case number 15-L-823

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Callis Papa & Szewczyk HeplerBroom

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