“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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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