Man sues Wal-Mart, claims overfilled plastic bag led to wife's death.

[Mike Mercury]

My initial knee-jerk reaction was

but then... maybe legit afterall ?

Man sues Wal-Mart, claims overfilled plastic bag led to wife's death
An eastern Nebraska man has sued Wal-Mart, saying the failure of an overfilled plastic shopping bag led to the death of his wife.

The lawsuit was first filed in February by William Freis, of Plattsmouth, in Sarpy County but has since been moved to U.S. District Court in Omaha, the Lincoln Journal Star reported.

The lawsuit says the bag failed on April 16, 2010, outside a Wal-Mart store in the Omaha suburb of Bellevue. The lawsuit says a cashier placed two 42-ounce cans of a La Choy product and a 2-pound bag of rice in a single bag and handed it to Lynette Freis.

The bag broke as she carried it to her car, the lawsuit says, and one of the cans fell on her right big toe, cutting and fracturing it. The injuries led to an infection that spread through her body and, despite antibiotics, hospitalizations and two surgical procedures, "ultimately resulted in her death on March 12, 2011."

The lawsuit says Wal-Mart failed to properly train its employees on filling the bags or when double-bagging should be employed.

The lawsuit also named the bag's manufacturer, Hilex Poly Co., of Hartsville, S.C., alleging that the bag was defective, and St. Louis-based Bunzle Distribution, which provided the bag to Wal-Mart.

The lawsuit seeks nearly $657,000 for medical and funeral expenses, plus an unspecified amount for her pain and suffering and the loss to her husband.

Representatives of Hilex didn't immediately return messages from The Associated Press on Wednesday.

Bunzl spokeswoman Dawn Ouchi said the company wouldn't comment on the litigation.

Neither Wal-Mart nor the other defendants has yet filed an answer to the allegations, but Wal-Mart had sought to move the case to federal court.

Wal-Mart spokesman Randy Hargrove extended condolences to the Freis family and said "customer safety is a top priority, and we take it seriously any time an injury is reported in one of our stores."

But Hargrove declined to comment directly on the allegations and said Wal-Mart will respond appropriately in court

[OddBall]

Did she wiggle her cut toe in a bag of shit and wait a few weeks to get it looked at?

I'm calling too.

Sad thing that she died, but unless you're anemic and have some sort of autoimmune disease, it's going to take a lot more than a cut to get the kind of infection that is going to kill you.
Soldiers have lost limbs in pretty filthy environments and have survived the wound and any infections.

[mph1972]

Just another example of the "Sue happy" society. I call BS too!

[Mirroredshades]

That is retarded.

[RedLS1GTO]

The pathetic part is that the instant someone dies... or is even slightly injured... in this country the first question asked is "who can I sue"?

[DukeAllen]

More pics of slims on hood?

[ApexOversteer]

Originally Posted by OddBall

Did she wiggle her cut toe in a bag of shit and wait a few weeks to get it looked at?

I'm calling too.

Sad thing that she died, but unless you're anemic and have some sort of autoimmune disease, it's going to take a lot more than a cut to get the kind of infection that is going to kill you.
Soldiers have lost limbs in pretty filthy environments and have survived the wound and any infections.

A 42oz can can do a lot more than just a cut.

Remember when Hienz ketchup used to come in those #10 cans? I watched a woman wearing sandals drop one, from the top shelf of the grocery store, onto her big toe, which exploded like a squashed cock-a-roach... splatter zone was so big, I thought the can had burst, but the can was intact.

But yeah, sounds like this woman didn't properly care for the wound initially.

[OddBall]

Originally Posted by ApexOversteer

A 42oz can can do a lot more than just a cut.

Remember when Hienz ketchup used to come in those #10 cans? I watched a woman wearing sandals drop one, from the top shelf of the grocery store, onto her big toe, which exploded like a squashed cock-a-roach... splatter zone was so big, I thought the can had burst, but the can was intact.

But yeah, sounds like this woman didn't properly care for the wound initially.

Not questioning that it was broke. I had 5 lb cardboard reel break my big toe bone in four pieces. Not a lot of weight, and fell from only three feet, but all the weight was focused on a point less the 1/8 in.

But there is more to her story. I would guess a lot more.

[Mirroredshades]

Originally Posted by ApexOversteer

But yeah, sounds like this woman didn't properly care for the wound initially.

I would put even odds on that.

[Superstreet]

Originally Posted by Mirroredshades

I would put even odds on that.

I agree. Almost one year from the initial injury.

[FasterTraffic]

I don't understand why he isn't suing La Choy for being negligent in the distribution of deaths cans containing their product.

He should sue Nebraska, too. It's apparently a filthy place where breaking the skin is a death sentence.

[Cybercowboy]

Gee, I've been handed a bag of groceries that I thought may be overloaded, so I grabbed another bag and moved some items to the new bag. Thought it was common sense. Guess I need to rely on a minimum wage employee to keep me safe.

[Kevin_73]

Originally Posted by Cybercowboy

Gee, I've been handed a bag of groceries that I thought may be overloaded, so I grabbed another bag and moved some items to the new bag. Thought it was common sense. Guess I need to rely on a minimum wage employee to keep me safe.

Unfortunately common sense is not very common anymore.

[Fasglas]

Originally Posted by FasterTraffic

I don't understand why he isn't suing La Choy for being negligent in the distribution of deaths cans containing their product.

He should sue Nebraska, too. It's apparently a filthy place where breaking the skin is a death sentence.

Don't forget the possible "Defective Bag Attack".

[RedLS1GTO]

Originally Posted by Fasglas

Don't forget the possible "Defective Bag Attack".

He already covered that...

The lawsuit also named the bag's manufacturer, Hilex Poly Co., of Hartsville, S.C., alleging that the bag was defective, and St. Louis-based Bunzle Distribution, which provided the bag to Wal-Mart.

[Mirroredshades]

I'm surprised the cashier hasn't been charged with negligent homicide for failing to double bag.

:reddevil:

[Madmikeee]

Originally Posted by OddBall

Did she wiggle her cut toe in a bag of shit and wait a few weeks to get it looked at?

I'm calling too.

Sad thing that she died, but unless you're anemic and have some sort of autoimmune disease, it's going to take a lot more than a cut to get the kind of infection that is going to kill you.
Soldiers have lost limbs in pretty filthy environments and have survived the wound and any infections.

BS lawsuit. And it's not like she couldn't feel how heavy the bag was, she should have asked for the items to be separated.

[Kerrmudgeon]

Dollars to donuts she was a diabetic. Foot wounds take forever to heal, and then sometimes they never do, and result in infections such as this.

[OddBall]

She's dead and that is a tragedy.
Chain of events though are suspect as hell.

[Mike Mercury]