“Dangerous” cart corrals

September 1, 2009
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Menard’s has funny-looking and somewhat impractical cart corrals that are also apparently unsafe and dangerous. Just ask Gerald Roberts of McCreary County, Ky.

He was visiting a Menard’s in Lafayette, Ind., and decided to “travel through” the cart corral, hitting a horizontal metal bar at the opposite end of the corral. He hurt himself in 2007 and now he’s suing the store and the maker of the corral.

The suit is pretty scant on details, but apparently, he’s walked through these cart corrals before and never injured himself. Here’s a picture of what these corrals usually look like.

According to the suit filed in federal court yesterday, Roberts suffered great bodily injury and pain, hurt his head and neck, and has severe and permanent emotional harm. His wife is also suing for loss of love, support, and companionship.

Why would you walk through one of these cart corrals in the first place? I’ve been to Menard’s enough to see they are usually full of ill-configured shopping carts and large carts for wood and supplies to make it like an obstacle course to try to get from one side to the other.

Instead of a)not walking through the cart corral, b) paying attention to your surroundings, or c) taking responsibility for your own negligence, Roberts feels like it’s Menard’s and the manufacturer’s fault he hurt himself. What severe and permanent emotional harm has he suffered? Embarrassment that he whacked himself on a cart corral at a hardware store when he wasn’t paying attention?

I’m not trying to make light of this guy’s injuries (whatever they may be as they aren’t detailed in the suit), but it’s not like the wind picked up this improperly grounded cart corral and struck him or it suddenly collapsed on him. He walked through it and somehow injured himself. But apparently, that’s not his fault because the corral has an “unreasonably dangerous design” and has “inadequate warnings.”

I wonder if the next time I’m at Menard’s I’ll see a “STOP: DO NOT ENTER” or “DO NOT WALK THROUGH” attached to these corrals.
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  • Good thing he survived or we would have had to include in the Darwin award entries, and he might have won. The Darwin award for doing society the biggest favor by taking himself out of the gene pool.

    In fairness I guess anything is possible, but most likely this is just another perfect example of why our society has so little respect for the legal profession.
  • In all actuality, someone that rides their motorcycle through the property of any business, regardless of the purpose or placement of such property, has no reason to complain that a horizontal strcutural support clothes-lined him on his way through.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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