Monday, September 18, 2017
Neosho man "electrocuted" by mobility scooter sues Wal-Mart
The incident took place November 5, 2016, at the Neosho Wal-Mart, according to the petition, which was originally filed in Newton County Circuit Court, but has been removed to U. S. District Court for the Western District of Missouri.
According to the petition, Fred Cobb "suffered serious and permanent injury, to among other things, his dominant right upper extremity.
Cobb and his wife, Wanda Cobb, are also suing for loss of companionship and services due to the incident.
In a response filed in Newton County Circuit Court, Wal-Mart says Cobb "voluntarily and unreasonably exposed himself to an open and obvious danger in that Plaintiff knew, or by the use of ordinary care could have known, there was a reasonable likelihood of injury.
"Any injury or damage allegedly sustained by Plaintiffs was the result of Plaintiff Fred Cobb’s own comparative fault and/or negligence, and the negligence of Defendant, if any, should be reduced by the comparative negligence of the plaintiff, and any recovery should be denied or reduced by the percentage of Plaintiff Fred Cobb comparative fault."