November 11, 2012
LOGAN — A shopping trip to the Lowes Home Center at Fountain Place ended after an injury. The customer has filed a lawsuit claiming the store’s negligence caused his injury.
The suit says Donald Kevin Wells of Logan visited the home center and was checking out a multi-tiered birdbath and/or yard fountain when it toppled over onto him. It alleges Lowes and/or employees were negligent in failing to properly secure the top of the fountain, which enabled it to fall over onto Mr. Wells.
The suit describes medical and dental injuries as a result of the incident as both temporary and permanent in nature. Mr. Wells is seeking a jury trial to consider compensation for medical, dental and hospitalization expenses, general and special damages, exemplary damages to punish the negligence, costs of the lawsuit, pre-judgement interest and any further relief as the court deems just and proper.
Lowes denies all allegations and asserts the Plaintiff is solely responsible for his alleged injuries and that any unsafe condition was open and obvious.