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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: Ramius

So the customer caused the problem?


21 posted on 08/28/2013 5:53:25 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: kevcol

OTOH, Walmart provided shopping carts such that the plaintiff need not carry a plastic bag to her car. Her decision to forgo the cart was a contributory factor, perhaps in excess of 50%.


22 posted on 08/28/2013 5:53:48 PM PDT by NonValueAdded ("When there is no penalty for failure, failures proliferate." George F. Will)
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To: Ramius

A person is dead here.


23 posted on 08/28/2013 5:54:11 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: matt04

I’ve had that happen, where the checker failed to double bag some heavy items. I wasn’t killed or injured, obviously, but cleaning up the glass and contents of two large jars of sauerkraut was no fun.


24 posted on 08/28/2013 5:54:24 PM PDT by beelzepug (if any alphabets are watchin', I'll be coming home right after the meetin')
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To: PGR88

But on the other hand to show that you can’t get away with frivolous law suits ... show an example to others.


25 posted on 08/28/2013 5:55:36 PM PDT by SkyDancer (A white woman would be accused of racism if she gave birth to a white baby.)
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To: JRandomFreeper
Freis, Lynette M.
Dec 5, 1954 - Mar 13, 2011

Preceded in death by parents, Bernard H. and Joyce A. Roza; sister, Sharry; brothers, Paul and Chuck. Survived by husband, William S. Freis
[LINK]

kind of young to be preceded in death by both parents, a sister and 2 brothers...isn't it?
26 posted on 08/28/2013 5:55:37 PM PDT by kevcol
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To: BenLurkin

Their bags have holes in them when they are NEW. I’ve had things similar to this happen to me there. IMO this case should not be dismissed lightly. Maybe the answer will be BYOB.


27 posted on 08/28/2013 5:56:37 PM PDT by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.")
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To: kevcol

Maybe they all are accident prone.


28 posted on 08/28/2013 5:57:01 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: kevcol

Next time she should call a Chinese restaurant for delivery, assuming she does not live in the inner city.............OOps too late for that...........
Well let that be a lesson to the rest of you.
When I die can make all the jokes you want.


29 posted on 08/28/2013 5:57:18 PM PDT by BilLies (WHOSE YOUR DADDY, BARAKO?)
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To: mylife

BS. People have to take responsibility for their own safety. And, if anyone has culpability, it is the insane enviro-whackos who insisted the plastic bags were killing the environment, never decomposed in landfills, that caused plastic bag makers to make their damn bags so flimsy that they can’t hold more than a couple of items.


30 posted on 08/28/2013 6:01:47 PM PDT by ican'tbelieveit
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To: kevcol

I think there should be a “freak accident clause” preventing such crazy lawsuits.

It is like suing your neighbor if lightning strikes you while you are in his yard....


31 posted on 08/28/2013 6:03:18 PM PDT by GraceG
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To: BenLurkin

Try a Lowes bag for flimsy.


32 posted on 08/28/2013 6:03:25 PM PDT by ican'tbelieveit
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To: ican'tbelieveit

So if the can of LaChoy had exploded it would be her fault?
You think she is a moron because she did not wear steel toe boots to go grocery shopping?


33 posted on 08/28/2013 6:04:06 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife
In my view Walmart has culpability.

There are so many other factors at play here. A grown woman should have known to ask for another bag or a double bag; presumably she has been shopping all her married life.

Did she smoke or drink? Was her diet healthy? If her habits were unhealthy, her immune system was too weak due to her own choices to resist an infection.

34 posted on 08/28/2013 6:05:50 PM PDT by Albion Wilde ("Remember... the first revolutionary was Satan."--Russian Orthodox Archpriest Dmitry Smirnov)
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To: mylife

Did I say she was a moron? The rest of your questions to me are irrelevant because I never said she was a moron.


35 posted on 08/28/2013 6:06:24 PM PDT by ican'tbelieveit
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To: liberalh8ter

Yeah, good point did she treat her foot wound properly or did the hospital?


36 posted on 08/28/2013 6:06:27 PM PDT by GraceG
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To: kevcol

It is quite Amazing that a cut toe can lead to death.
She obviously did nothing to treat it before it festered
and infected her entire body.


37 posted on 08/28/2013 6:07:43 PM PDT by AlexW
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To: ican'tbelieveit

By your logic, if someone Tbones you at 70 MPH running a red light in a 35 MPH zone it is no ones fault but your own, because you know the streets can be dangerous.


38 posted on 08/28/2013 6:08:35 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Albion Wilde

And the person who bagged the goods was being PAID to do so.


39 posted on 08/28/2013 6:09:46 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: mylife

Of course she did. She dropped her own property on her own foot. Nobody did it to her. This case needs to be laughed out of court and they should be fined for filing it in the first place, and repay defendants costs to date.


40 posted on 08/28/2013 6:11:01 PM PDT by Ramius (Personally, I give us one chance in three. More tea anyone?)
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