Jim Boyle Aug. 19, 2014, 6:12am


A Maryland couple say the employees at a Franklin County, Pa., Lowe's Home Improvement store negligently created a hazardous area that caused their son to trip and break his arm, according to a personal injury suit filed at the Philadelphia Court of Common Pleas.

According to the complaint, on July 6, 2012, Erica Lee Ahalt and Sonny Carter were shopping with their three-year-old son at the Lowe's located in Waynesboro, Pa., just north of the Mason-Dixon Line.

At the store, display areas had been set up in the outdoor section, promoting the sales of lawnmower tractors, fencing products and furniture, the claim says. All of the items were connected by heavy metal cables to prevent theft. The plaintiffs say that no signs were posted warning customers about the cables' potential danger.

Their son tripped over one of the cables behind the lawnmowers, fracturing his arm. He was taken to the local hospital, then transferred to the Children's National Medical Center in Washington, D.C., where surgery on his arm was performed. The suit says that the boy suffered severe pain in his left arm and still has not completely recovered from the incident.

The suit seeks damages in excess of $50,000 on one count of negligence against Lowe's, saying that the employees recklessly allowed the hazardous condition to exist on the grounds of the store and did not provide adequate warning to passersby of the possible dangers presented by the metal cables.

The plaintiffs are represented by Philadelphia attorney Gregory A. Smith.

The case ID number is 140602816.

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