“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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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