Wiscasset woman sues retail chain
A Wiscasset woman is suing a Brunswick retail store for negligence in connection with her claim that a dolly crushed her foot six years ago.
In September 2006 Susan James and her grandson were looking at toys inside the Big Lots store in Cook's Corner in Brunswick when the dolly fell onto her foot, according to a suit filed Aug. 2 in Lincoln County Superior Court in Wiscasset. The plastic twine holding a row of dollies together “was clearly inadequate” and gave way, the suit states.
In the six years between the incident and the suit, the extent of James' injuries and treatment were still being determined, Wirick said in an Aug. 7 interview. Wirick tried to negotiate a settlement with Big Lots, but “we hit a wall and that's how we got to this step,” she said.
The complaint does not specify an amount James is seeking. She has had more than $128,000 in medical expenses and has lost about $20,000 in earnings since the incident, the suit states. James claims she has also suffered mental and emotional distress. No dollar amount was listed for those.
Big Lots “should have expected” customers to be in that part of the store, and “specifically invited customers ... to look at merchandise displays” there, James' lawyer Wenonah Wirick of Bath wrote to the court.
A friend who was with James at the store lifted the dolly off James' foot, which had been crushed, the suit states. It claims Big Lots employees said the incident should not have happened, and that one worker “stated that the cluttered condition of the aisles was ridiculous.”
The Brunswick location referred comment on the incident to the national office. Despite several calls to various offices, the Ohio-based retail chain could not be reached for comment.
After the company is served with the suit, it will have have 20 days to file a response with the court.
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