Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Plattsmouth man sues Wal-Mart, says overfilled plastic bag led to wife's death
Journal Star ^ | Aug 28, 2013 | Lori Pilger

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.


TOPICS: Culture/Society; US: Nebraska
KEYWORDS: lawsuits; plasticbags; walmart
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 181-200 next last
To: mylife

It was caused by the woman not being intelligent about the property she took possession of. She took it knowing it was too heavy and walked away knowing it was too heavy and walked out of the store knowing it was too heavy. At any point along that path she could have stopped at any of the registers with bags and changed the outcome.

She chose to take a risk. With, ultimately, fatal consequences, whether as a direct result of the cut or poor hygiene on her own part or at the hospital where she was treated.


101 posted on 08/28/2013 6:59:25 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 97 | View Replies]

To: HiTech RedNeck
You didn’t even check for dents? :-)

Not at the site. I just wanted to get out of there as quickly as possible. I'm near San Francisco, and didn't want any questions asked about a large purchase of ammo!

102 posted on 08/28/2013 6:59:42 PM PDT by roadcat
[ Post Reply | Private Reply | To 90 | View Replies]

To: sarasmom

You act as if she hucked a 2.6 lb can of LaChoy on her toe so she would die and and her husband could sue.

Yes, accidents happen, but in most cases resulting in serious injury or death, you can expect a lawsuit.


103 posted on 08/28/2013 7:01:59 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 96 | View Replies]

To: ican'tbelieveit

She knew it was improperly packaged but the paid associate did not?


104 posted on 08/28/2013 7:03:41 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 101 | View Replies]

To: mylife

I don’t understand your reply to me.

Did you have a point?


105 posted on 08/28/2013 7:04:20 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
[ Post Reply | Private Reply | To 99 | View Replies]

To: roadcat

If you had had them in a recycled bag you’d have gotten no questions at all.


106 posted on 08/28/2013 7:05:08 PM PDT by HiTech RedNeck (The Lion of Judah will roar again if you give him a big hug and a cheer and mean it. See my page.)
[ Post Reply | Private Reply | To 102 | View Replies]

To: sarasmom

For the record I was personally sued and won, because there were other people culpable.


107 posted on 08/28/2013 7:05:51 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 96 | View Replies]

To: sarasmom

Hey, If I had a broken toe, I would go see the Doc.


108 posted on 08/28/2013 7:06:50 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 105 | View Replies]

To: JRandomFreeper

chow main causes led to toe main...


109 posted on 08/28/2013 7:08:02 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: mylife

So what?

What does that have to do with my posts on this matter?


110 posted on 08/28/2013 7:09:20 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
[ Post Reply | Private Reply | To 107 | View Replies]

To: mylife

Do you also go to the Doctor when you have a hangnail?


111 posted on 08/28/2013 7:10:58 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
[ Post Reply | Private Reply | To 108 | View Replies]

To: mylife

She choice to accept the risk.


112 posted on 08/28/2013 7:12:09 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 104 | View Replies]

To: sarasmom

Like I said, you are one tough monkey.
A hangnail is not the same as a broken bone.


113 posted on 08/28/2013 7:12:16 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 111 | View Replies]

To: matt04
Why didn’t his wife ask to have it re bagged in two separate bags?

The glaring omission in the story is the lady's age. That might have triggered the need for a reasonable judgment that perhaps she needed help, or special bagging.
Most elderly are reluctant to complain (yes, there are exceptions) and I wonder how many other relevant facts may have been left out of the story.

114 posted on 08/28/2013 7:12:21 PM PDT by publius911 (Look for the Union label, then buy something else.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: ican'tbelieveit

Life is a risk.
Why have insurance?


115 posted on 08/28/2013 7:12:51 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 112 | View Replies]

To: kevcol; All

1. Walmart has no obligation to provide a bag for customers.

2. This will simply result in signs that say that you use the FREE bags at your own risk.

3. There are many stores (esp in Europe) that do not supply free bags. Do we want that?

Good grief! I’m sorry the lady died.

Maybe she should not have trusted the free bag.

Maybe she needed better doctors.

Maybe she had other problems.

Maybe she should have studied physics.

Maybe she should have had quicker reactions.

Maybe her hubby should have carried it and accepted the extreme risk to life.

Maybe this case should not exist.

You all do realize that you will pay for the defense of this case when you shop at Walmart, right?


116 posted on 08/28/2013 7:14:08 PM PDT by MV=PY (The Magic Question: Who's paying for it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nascarnation
The progressive response is to demand that shoppers bring their own reusable fabric shopping bags to save the planet.

Of course, overloading one of those could be exciting too.

117 posted on 08/28/2013 7:17:18 PM PDT by RightGeek (FUBO and the donkey you rode in on)
[ Post Reply | Private Reply | To 17 | View Replies]

To: mylife

No, I didn’t “act that way”.

And no, most normal people do not expect to file lawsuits or play the lawyer lotto system, in cases of accidental injury or death, when the “accident” or “injury” was mostly self-inflicted by simple carelessness.


118 posted on 08/28/2013 7:17:20 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
[ Post Reply | Private Reply | To 103 | View Replies]

To: mylife

So sorry you are on the wrong side of this. But, she chose to take a risk and there were consequences to that risk.


119 posted on 08/28/2013 7:17:57 PM PDT by ican'tbelieveit
[ Post Reply | Private Reply | To 115 | View Replies]

To: sarasmom

Ya know?

Today some asshole almost ran me over in the parking lot.
He was going the wrong way in a marked lane and behind me on a corner.
I looked at on coming traffic and stepped into the perpendicular lane.

Do I have a reasonable expectation that someone is not driving the wrong direction in a marked lane?

That being said, I normally look both ways regardless.


120 posted on 08/28/2013 7:19:23 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
[ Post Reply | Private Reply | To 110 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 181-200 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson