Posted on 08/28/2013 5:42:49 PM PDT by kevcol
A Plattsmouth woman's widower has sued Wal-Mart and the maker of its plastic bags, alleging an overfilled bag given to her at a Bellevue store broke, and, in a strange twist, led to her death.
William Freis of Plattsmouth said his wife, Lynette, went grocery shopping April 16, 2010, at the Wal-Mart Supercenter on 15th Street and the cashier gave her one plastic bag for two 42-ounce cans of La Choy and a 2-pound bag of rice.
On her way to the car, the bag broke and one of the cans of La Choy fell on her right foot, breaking her big toe and causing a deep cut, the lawsuit says.
William Freis' attorney, Gage Cobb, said that led to an infection.
Despite multiple rounds of antibiotics and two surgical procedures, Lynette Freis' condition declined and infection spread throughout her body, which led to hospitalizations "and ultimately resulted in her death on March 12, 2011," according to the lawsuit.
Freis originally sued Arkansas-based Wal-Mart Stores Inc., the distributor of its plastic bags, Missouri-based Bunzl Distribution, and the manufacturer, Hilex Poly Co. of South Carolina, in Sarpy County District Court.
Late last week, the case was transferred to U.S. District Court in Omaha.
The wrongful death suit alleges Wal-Mart was negligent for failing to properly train its employees to prevent them from overfilling grocery bags and knowing when to double bag a customer's groceries.
And, the suit says, the defendants provided Lynette Freis with a defective grocery bag.
Her estate is seeking more than $656,000 in medical expenses, plus an unspecified amount for her pain and suffering and funeral and burial expenses, as well as her husband's loss of consortium.
Neither Wal-Mart nor the other defendants has filed an answer to the allegations yet, but Wal-Mart attorney Heidi Guttau-Fox sought the move to federal court.
Reached Tuesday, Wal-Mart spokesman Randy Hargrove extended condolences to Lynette Freis' family.
"Customer safety is a top priority, and we take it seriously any time an injury is reported in one of our stores," he said.
Hargrove said the company is investigating the allegations and will respond appropriately in court.
Welp we disagree.
Bolstering my case that the woman was not in good health and did not eat healthy foods (I'd have to be seriously broke and starving to eat LaChoy); therefore she had lowered resistance to infection. Not Walmart's fault.
For the record I had a family member that went in for routine surgery and died of staph.
No one sued, as we were advised of the risks and signed papers to that effect.
This woman signed no disclaimers, was advised of nothing at least not at Walmart or with the “bag” manufacturer.
Well let’s start beating up people on what they eat.
How many sodas did you have today?
This is a slippery slope.
Ever heard of Obamacare? You are bolstering their scam.
Goodnight, all. Don't take any wooden nickels, or any lousy inedible Chinese food in cans. And whatever you do, don't take any plastic bags; they might break. Or paper ones; they're bad for the ozone. Or recyclable ones; they give you cooties. In fact, stay in your house and don't even try to shop -- you might end up dead. Of course, if you don't shop, you don't eat and you'll still end up dead; but then you can sue the county for not doing well-person checks on you or sending a home health worker at taxpayer expense to deal with your mental health. The impossibilities are endless....
Actually, you are bolstering the Obamacare scam by saying that people can’t be held responsible for their own poor decisions, it is someone else’s fault and therefore some bigger entity has to take responsiblity.
I hardly think that is the same.
Obama is gonna be counting yer pudding cup consumption and raising your premiums.
I fail to see what this woman did wrong.
Did they sue over her enjoyment of pudding cups?
They sued over negligence on the part of the store.
If I by a TV at walmart, may I trust that the bottom of the carton wont drop it on my toe or that when I plug it in I will not be electrocuted if I do not inspect of with the understanding of an electrical engineer?
Maybe this gal was no physicist, and thinks Newton is a snack cookie.
I still see consumer protection issues.
If the drop led to a cut, I imagine sandals or open-toed shoes were involved. Perhaps a wardrobe consultant need be provided as well.
The same is often done with more weight with a gallon of milk—in which case you should know not to carry the bag, if it is not double or triple bagged, by the handles.
Three heavy items in a single bag like that should be cradled in your arm, not dangled by the bag handles.
You can’t guarantee the bottom of the box won’t fall out. Here is the thing, if you are not safely transporting the box and the tv falls out, then you bear the responsibility for not making wise decisions. Walmart can not put you in a bubble for the rest of your life, no matter how big they are. You are going to have to grow up and make some intelligent decisions yourself.
If you plug in the tv and the wire is frayed or the wiring in your house is damaged, that is not Walmarts problem. You have to grow up and take some responsibility to make sure those things are not a risk.
Again, if I pick up something too heavy at Walmart, or any store for that matter, and hurt myself, should that store have to pay damages for my own risky behavior? Of course not.
Once this woman took the bag after having paid for the merchandise, it became her responsibility to transport it safely to the final destination. She knew how heavy it was and I am sorry, but ANYONE who has shopped in a US store in the last decade knows that plastic bags are flimsy.
You can keep trying to throw out the most inane arguments you want, but she could feel how heavy the bag was and chose to continue on with that risk.
Have you never bought something that was heavy enough that you knew you shouldn’t carry it any distance just holding the plastic bag handle—or have the person bagging it point out the obvious to you?
The progressive response is what we have—a lawsuit.
Have you ever bought something in good faith and have the package fall apart and injure you?
But the bagger DID NOT.
In Fact They bagged it!
Great advice! lol
Sheesh, I can’t believe I read all this tripe!
Anyone need a pacifier??
Look, I am not stupid, I believe that we should be the best we can be on a personal level, But you are hawking the idea that Snake oil salesmen should be unaccountable.
Buyer beware.
Caveat emptor, but I was presented with no such agreement.
So this woman was at fault because she did not understand Roman LAW?
We’ll sell you Mc**** and you’ll like it?
Get yer asses over here.
I hope you are visited with the same difference.
I have brought home thousands of supermarket (or Best Buy or Home Depot or...) bags with heavy enough items in them that had I carried them by the plastic bag handles for any distance the bag would have broken and they would have fallen out.
Certainly I’ve had some bags break like that, and I’m an idiot if I think any item so bagged can be carried by the plastic bag handles for any significant distance. I’d imagine hundreds of thousands if not more of such bags are taken home by customers every sing day.
I hardly think this woman was getting drunk outside your home and acting wild, then blaming you on it.
Only discovery will tell.
This fellow has a viable law suit.
You can disregard his wife as a dumb piece of trash, but you have a law suit.
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