Legal Radar

Target Aims for Federal Court

Marj and Samuel Scarberry recently filed a lawsuit against Target in Ohio.  However, Target does not feel this is fair and, as a result, wants the case to be moved to federal court.  It believes that the damages sought exceed the jurisdictional limit of $75,000 because of all the claims that the Scarberrys raise and because there is a "diversity of citizenship" between it and the plaintiffs. 

 

In March 2010, Marj was shopping when she violently fell on an "unsafe, dangerous and unmaintained walkway floor aisle way."  The prosecution claims that Target failed to exercise reasonable care to ensure that shoppers were not in danger.  Consequently, their negligence caused her injuries, losses and damages.  Those injuries include injuries to her back, head, extremities, "body chemistry," psyche," fascia and muscle tissue, along with other internal injuries.  Furthermore, she lost wages and she claims has sustained a diminution in her future earning ability, capacity to care for herself and enjoy a normal life.  Her husband, Samuel, is also claiming loss of consortium as a result of his wife's permanent and lasting injuries.   

Slip and Fall in Wal-Mart

The most recent one slip and fall lawsuit filed against Wal-Mart was filed by Cheryl

Raines, the wife of a recently deceased man.  She claims that the trip and fall her husband sustained while in Wal-Mart led to his kidney failure and, fourteen days later, death.  The crate was difficult to see, causing him to trip over it and sustain the above injuries. The suit claims that Wal-Mart and its manager were negligent in warning customers of this hazard.

 

Raines is seeking an unspecified amount, more than the minimum limits and damages, for lost companionship, and funeral and burial costs.