A Washington man claims a routine trip to a Snohomish County Lowe’s store left him with an eye injury, shattered glass, and ongoing medical problems.
In a personal injury lawsuit filed against Lowe’s in Seattle federal court this week, Lawrence Kelly alleges he suffered injuries when employees loaded construction materials into his pickup truck at the Arlington store in May 2023.
According to the lawsuit, Kelly visited the Lowe’s location on 169th Place NE to pick up special-order Fiberon decking boards for a construction project.
Kelly alleges he drove into the store’s covered lumber yard and opened the rear sliding window of his pickup truck so the long decking boards could be passed through the truck bed and secured inside the cab.
Two Lowe’s employees were assisting with the loading process, according to the suit. Kelly alleges he demonstrated a careful loading method and instructed workers to pass the boards one at a time while he secured them inside the vehicle.
Before he was ready to receive another board, however, a Lowe’s employee allegedly pushed an additional decking board toward the truck “with excessive force,” according to the complaint.
The board struck the truck’s rear sliding window and shattered it, sending glass throughout the cab and onto Kelly, the lawsuit alleges.
Kelly claims glass struck his left eye, face, scalp, neck, arms and other parts of his body. The lawsuit alleges he suffered immediate pain, irritation, cuts and abrasions as a result of the incident.
According to the complaint, Kelly sought medical treatment the following day. Medical providers allegedly documented a foreign body in or around his left eye as well as a corneal abrasion and other eye-related injuries.
The lawsuit further alleges Kelly continues to suffer from eye pain, headaches, migraines, visual issues, emotional distress and other complications related to the incident.
Allegations Extend Beyond Loading Incident
In addition to alleging negligent loading practices, Kelly claims Lowe’s employees failed to adequately respond after the incident.
The lawsuit alleges store personnel did not provide reasonable first aid, failed to direct him to an eyewash station and did not properly address the shattered glass that remained inside the truck.
Kelly also alleges Lowe’s failed to properly train and supervise employees responsible for loading customer materials.
The lawsuit seeks compensation for medical expenses, lost income, pain and suffering, emotional distress, property damage and other losses.
Case Moves To Federal Court
The case was originally filed in Snohomish County Superior Court and Lowe’s has since removed it to the US District Court for the Western District of Washington.
In court filings, the company denied liability and argued the case belongs in federal court because the parties are citizens of different states and the amount in controversy exceeds $75,000.
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