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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
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To: MV=PY

It will result in bag your own.


121 posted on 08/28/2013 7:20:52 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: kevcol
I am very sorry that the woman died but I cannot blame WalMart for her death. She could have asked for more bags or taken her own bags. People are just looking for someone to sue or in some cases, just looking for their 15 minutes in front of the camera.

I don't stop at WalMart but even Sam's lets you take your stuff to your car in a basket. Couldn't she have done that if the bag was too heavy? Sam's doesn't even provide bags of any kind.

122 posted on 08/28/2013 7:21:37 PM PDT by Ditter
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To: liberalh8ter

Bingo. There are so many factors to take into consideration. If a shelf fell in the store and killed her, then, yeah, liability. But, from the time of the injury to the time of death, there must be other elements involved.


123 posted on 08/28/2013 7:22:00 PM PDT by ozaukeemom (Is there even a republic left?)
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To: ican'tbelieveit

Why have courts?
Why have the concept of liability?


124 posted on 08/28/2013 7:22:27 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: ozaukeemom

There were other things involved bet surely the dead woman was not the one who was wholly culpable.


125 posted on 08/28/2013 7:24:13 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife

I am not a monkey, tough or not.
and as for required medical care...
It IS the same, the hangnail and a simple broken toe bone.

They both hurt, but they both can be adequately cared for at home, without involving expert medical professionals.


126 posted on 08/28/2013 7:27:23 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
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To: mylife
It will result in bag your own.

Yep, if the parasites can push it to that level.

127 posted on 08/28/2013 7:28:17 PM PDT by MV=PY (The Magic Question: Who's paying for it)
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To: mylife

Maybe the woman is a diabetic. Diabetics can lose a foot a leg or their life to a small infection on their foot. If she was a diabetic she probably knew the risk of a foot infection.


128 posted on 08/28/2013 7:28:57 PM PDT by Ditter
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To: sarasmom

It is a phrase.
Don’t take it so hard.

If I called you a hard*** I am in no way referencing your posterior.


129 posted on 08/28/2013 7:29:50 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Ditter

All that will come out in discovery.


130 posted on 08/28/2013 7:30:20 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: kevcol

Who could eat that LaChoy crap?


131 posted on 08/28/2013 7:35:42 PM PDT by csvset
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To: mylife

My husband is diabetic and I won’t let him cut his own toenails anymore. He always did a terrible job and just whacked away bring blood. He now has to go to a podiatrist every 3 months to get them cut. I threw a fit until he agreed because I didn’t want this to happen to him. A diabetic friend of mine first lost half a foot and then she lost her life.


132 posted on 08/28/2013 7:36:39 PM PDT by Ditter
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To: mylife

She took a calculated risk and suffered the consequences. You are on the wrong side of this one. Sorry.


133 posted on 08/28/2013 7:38:02 PM PDT by ican'tbelieveit
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To: Ditter

I know.
I could happen.


134 posted on 08/28/2013 7:38:19 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: ican'tbelieveit

She went to the farking store for dinner.


135 posted on 08/28/2013 7:38:56 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: ican'tbelieveit

Well all I can say is I hope you never my a mower, start it up and have the blade fall off the new mower and chop your foot off because YOU failed to make sure the blade was on tight, when that was somebody elses job.

After all, it is your responsibility.


136 posted on 08/28/2013 7:47:51 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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my=buy


137 posted on 08/28/2013 7:50:16 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife

It was her time to go! The Lord called her home.
Surely you can see that!

(I know I know don’t call you Shirley :))


138 posted on 08/28/2013 7:51:31 PM PDT by Ditter
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To: liberalh8ter

Yes, this. Her medical initial and subsequent treatment and her own home care for her injury is the question.

Of course I’m using logic, not ‘Greedy Lawyer/Plantiff 101’ speak.


139 posted on 08/28/2013 7:51:32 PM PDT by citizen (There is always free government cheese in the mouse trap.....https://twitter.com/kracker0)
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To: Ditter
Frankly, many find that attitude refreshing.

Don't call me Frank ☺

140 posted on 08/28/2013 7:53:33 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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