CLEARWATER — A Pinellas County customer is suing Wal-Mart, alleging negligence allowed her to be hit in the shin by a wine bottle.
Annette R. Fernandez filed a complaint Oct. 17 in Pinellas County Circuit Court against Wal-Mart Inc., Wal-Mart Stores LP and store manager Barbara Scouras, alleging the defendants failed to use reasonable care in bagging a bottle of wine.
According to the complaint, on July 11, 2015, Fernandez was a customer at the Wal-Mart, 23106 U.S Highway 19 N., Clearwater. She says she sustained injuries after a wine bottle fell out of a bag, striking her on her right shin, and then shattering on the floor.
The suit says the incident was due to a Wal-Mart cashier single-bagging the wine bottle and then handing the bag to Fernandez but the weight of the bottle caused the bottom of the bag to tear.
The plaintiff alleges the defendants failed to implement store policies, train and supervise employees with respect to proper bagging procedures, warning customers of known safety hazards and providing customers with a safe shopping experience.
Fernandez seeks trial by jury, damages in excess fo $15,000, plus interest and taxable costs. She is represented by attorneys Pablo B. Morla and Mary C. Bufalieri of Morla Law Group PA in Tampa.
Pinellas County Circuit Court case number 18C6844