A Wal-Mart shopper who says she was knocked down when an employee texting on his cellphone pushed a cart full of boxes into her filed a $175,000 against the world’s largest retailer.
Carol A. Smith claims the employee was texting while rounding a corner and maneuvering a stock cart stacked high with boxes when he crashed into her and her shopping cart. The incident happened at Wal-Mart’s Bend store on Aug. 13, 2015, according to Smith’s lawsuit filed last week in Deschutes County Circuit Court.
The suit says Smith suffered a concussion; tenderness to her ears; and stiffness, tightness and loss of range of motion to her neck, shoulders and back. Nearly 11/2 years later, she still suffers from post-concussive syndrome, which includes short-term memory loss, said her attorney.
Wal-Mart’s national director of media relations, Ragan Dickens, on Tuesday said, “We have just been served with this complaint. We take Ms. Smith’s claims seriously and will respond appropriately with the court. Due to this matter being active litigation, we can’t comment further.”
Dickens also declined to answer a question about whether the store has any policies prohibiting employees from texting while on the job.
Smith’s Bend attorney, Warren John West, said he’s represented many car crash victims who were struck by drivers who were texting or talking on their cellphones. But the circumstances surrounding Smith’s injury is much more rare, he said.
Smith, who lives in the Bend area, seeks up to $25,000 for medical costs, and $150,000 for pain and suffering.
Read the lawsuit here.
— Aimee Green
agreen@oregonian.com
o_aimee
Our editors found this article on this site using Google and regenerated it for our readers.
