Aug 29, 2013 03:55 PM EDT
Wal-Mart Plastic Bag Lawsuit Filed After Woman Dies From Infection

A Nebraska man has sued Wal-Mart claiming that an overfilled shopping bag killed his wife.

The lawsuit, filed in February by William Freis, of Plattsmouth in Sarpy County, has since been moved to U.S. District Court in Omaha according to the Lincoln Journal Star.

On April 16, 2010, the lawsuit claims that a Wal-Mart store in Omaha suburb of Bellevue according to the Associated Press. The lawsuit claims a cashier placed two 42-ounce cans of La Choy product and a 2-pound bag of rice in one bag.

Wal-Mart offered a comment earlier this week regarding the lawsuit.

"Customer safety is a top priority, and we take it seriously any time an injury is reported in one of our stores," said Wal-Mart in a press statement.

The bag was handed to Lynette Freis and she left the store. As she carried the bag to her car, the bag broke, and one of the cans fell right on her big toe.

The can cut and fractured her big toe, and the injury led to an infection that spread through her body. Despite two surgical procedures and antibiotics, Lynette Freis passed away on March 12, 2011.

Wal-Mart reportedly "failed to properly train its employees on filling the bags or when double-bagging should be employed," according to the lawsuit.

The lawsuit seeks approximately $657,000 for funeral and medical expenses, plus an unknown amount for "her pain and suffering" according to the Associated Press.

The bag's manufacturer Hilex Ploy Co. was listed in the lawsuit, claiming the bag was defective.

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