A Fall From Grace Print
Wednesday, July 19 2017

A Wyoming woman is suing Wal-Mart, claiming unsafe work conditions after she allegedly fell backwards over a pallet jack.

Store employee Theresa Burfiend was returning the pallet jack to its storage space after unloading milk pallets when a fellow employee offered to put it away for her. According to news reports, Burfiend did not know the employee placed the jack behind her, causing her to trip over the equipment when she backed up. Burfiend is suing Wal-Mart for sustained “serious injuries” to her back, hip, ankle, wrist and several nerves that she alleges caused her to become “totally and permanently disabled.” Burfiend is seeking at least $250,000 to cover medical bills.

The suit states, among other things, that Wal-Mart is at fault because the loading dock was not capable of handling the amount of trucks that used the area and because the store failed to properly maintain hydraulic dock plates. It also claims that the store didn’t create any “safe standard operating procedures” for use of the loading dock and used the area for storage, creating a safety hazard.

Wal-Mart’s attorneys denied the accusations and also alleged that Burfiend was warned that the equipment had been moved behind her. They replied that Burfiend failed to “maintain a proper lookout for her own safety” and therefore fell.

“Defendant admits that plaintiff fell but immediately got back on her feet, made no claim of injury and left,” the answer to the lawsuit states. “It is not known if she was injured in the fall, based on lack of information of an injury and no claim being made."

Source: Trib.com