Target response: Joplin woman's carelessness caused accident at store

In a response filed today in U. S. District Court for the Western District of Missouri placed the blame for the accident suffered by Alice Boyer, 86, Joplin, on Boyer.

Plaintiff failed to use that degree of care that a reasonably careful person would exercise at the relevant timeframe, including by not observing the state or condition of the area in which she was walking. 

During the relevant timeframe, Plaintiff failed to keep a proper and careful lookout for her own safety. Plaintiff would have avoided any alleged injury described in the Complaint by taking an alternative path around the area in which Plaintiff claims to have fallen.

The danger or allegedly unsafe condition or circumstance about which Plaintiff complains in the Complaint was known, open, obvious, and conspicuous and could have been avoided by Plaintiff in the exercise of due care for her safety. 

Plaintiff willingly, knowingly, and voluntarily assumed the risk that resulted in the alleged damages or injuries to her so as to diminish and/or deny entirely recovery by Plaintiff. 

The response also defended the actions of the employees in the Joplin Target Store.

At all relevant times, Target and its employees acted with reasonable and ordinary care, including before, during, and after the events described in Plaintiff’s Complaint and regarding the conditions and circumstances described in the Complaint. As it pertained to this matter, Target maintained its business premises during the relevant timeframe with reasonable and ordinary care.

In her lawsuit, which was initially filed October 24 in Jasper County Circuit Court then removed to federal court by Target, Boyer claimed she was standing at a checkout when she caught her heel on the plate, flipped backward and fell.

Boyer, who is represented by Keegan Tinney of the Joplin firm of Dreyer & Tinney, claims the metal plate "constituted a dangerous condition," and that Target failed to exercise ordinary care by removing the plate or warning customers that it was there.

In a filing earlier this week, the judge indicated there appeared to be no reason why the case was removed to federal court and asked Target's attorney to explain. Today's response noted that while Target can be served in Missouri, the company's principal place of business is Minnesota.