The American big box store chain, K-Mart, merged with Sears in November of 2004. As of 2017, there are 624 K-Mart stores. Sears has been doing business as K-Mart #3318 in West Virginia. Unfortunately for Sears, the 3318 store has landed them in hot water. A customer filed a lawsuit against Sears after claiming she was injured when attempting to get into a hammock inside of the K-Mart store.
A few other defendants have been named in the lawsuit. They include TSY Services, Taiwan Shin Yeh Enterprise Co., and Shin Crest PTE. According to the lawsuit, Pauline Minnis visited the K-Mart store on June the 23rd of 2015. During her visit, she attempted to position herself in a display hammock. According to the complaint, which was filed on June the 15th, it collapsed leading to her sustaining severe and disabling personal injuries.
The lawsuit was filed in the Hancock Circuit Court, but has now been removed to federal court. Minnis blames the defendant’s negligent, careless and/or reckless conduct for her injuries. In the complaint, Minnis also admits she was forced to get medical treatment and pay medical expenses. She accuses the defendants of failing to properly design, manufacture, test, and inspect the hammock.
The plaintiff is seeking compensatory damages, as well as pre and post judgment interest. Minnis has received representation from M. Eric Frankovitch and Kevin M. Pearl with Frankovtich, Anetakis, Simon, DeCapio & Pearl.
Sears is currently represented by the Moore & Biser law firm based out of South Charleston, West Virginia.