An elderly Olympia woman has filed a lawsuit against Winco Foods after she was injured by falling coffee cans.
The incident occurred April 12 at the Winco store at 7540 Martin Way East on the Olympia-Lacey border. As the woman was shopping, several large coffee containers fell from an unsecured pallet and “violently” struck the woman, according to the lawsuit filed this month in Thurston County Superior Court.
The woman’s attorney, Daniel P. Mallove, said he filed the lawsuit earlier this month because Winco officials initially refused to provide a surveillance videotape of the incident. The suit also alleges that Winco had failed to post warning signs or restrict access to the area where the pallet of unsecured coffee containers were located.
The woman who was allegedly injured at Winco declined to comment for this story. Mallove said his client was injured “pretty seriously” with symptoms of traumatic brain injury, memory loss and dizziness. The victim was treated at Capital Medical Center and has been recovering at home, said Mallove, who declined to elaborate on his client’s injuries.
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“She got whacked pretty good,” he told The Olympian.
Attorney Mike Morgan of Olympia law firm Morgan James, which represents Winco, has confirmed the videotape of the incident exists and will be provided.
“There is video of it,” said Morgan, who declined further comment on details of the case. “We’re going to work very closely to get (Mallove) the information we can.”
No specified amount is being sought for damages. The trial is scheduled for Jan. 16 in Thurston County Superior Court.