BELLEVILLE — A mother is suing Walmart after an unsecured rack fell on top of her three-year-old son and caused him to suffer brain-bleeding and a concussion.
Tristin Barks, by next friend Stephanie Barks, filed a complaint March 10 in the St. Clair County Circuit Court against Walmart Inc., alleging negligence, premises liability and negligent infliction of emotional distress.
The plaintiff alleges in her complaint that she was shopping with her three-year old son, who was strapped into a shopping cart, at the Walmart Supercenter in O'Fallon on Feb. 18, 2020. She claims that when she stopped the cart to pick up a dropped item, a commercial storage rack with 100 "over-sized" glass Nutella jars fell on top of her son, struck him in the head and caused him to be trapped in the tipped over shopping cart.
Barks alleges that an investigation revealed that the rack had not been properly secured into the "key-slot system" and that several other racks throughout the store were also not properly secured.
Barks alleges her son lost consciousness while being transported to the hospital where he was diagnosed with brain-bleeding and a concussion. She further alleges her son suffers sleeplessness, aggression, headaches, anxiety and speech issues as well as fears entering into a grocery store.
The plaintiff seeks compensation of more than $50,000, trial by jury and all other just relief. She is represented by Stephen Adamsky of The Evans Law Firm PC in O'Fallon.
St. Clair County Circuit Court case number 21-L-0238