Case records indicated that a jury is going to have to decide if Rebecca T. White saw a nutria, allegedly referred to as Norman by employees, in Abbeville’s Wal-Mart and it caused her to run over her foot with her shopping cart.
In April of 2009, White filed a lawsuit against Wal-Mart after allegedly being injured due to the fact that she saw a “large wild nutria” come from behind the Coke rack and run straight for her, the lawsuit states.
According to the lawsuit, she pulled her shopping cart towards her to protect her from the “large vicious looking rat” and in doing so, the car rolled over her left foot causing her to stumble and causing her to suffer injuries.
The incident allegedly occurred in Oct. 11 of 2008.
The lawsuit is still alive in the court system.
The trial date is set for July 30, 2012, in the 15th Judicial District Court in Abbeville.
The lawsuit states that Wal-Mart employees named the nutria “Norman.”
White was transported by an ambulance to Abbeville General Hospital for treatment. She is suing because she said she suffered pain and mental anguish, fear of being bitten by a wild animal causing a panic attack, injuries to her foot and medical expenses.
White hired Abbeville attorney Anthony Fontana to represent her, while Wal-Mart hired the law firm of Davidson, Meaux, Sonnier and McElligott, L.L.P. from Lafayette.
Attorney David Calogero, two years ago, answered White’s claims.
In his answer document, Calogero denies the plaintiff’s petition for damages because of lack of sufficient information.
Calogero, in his answer, states that White is negligent in pulling the shopping cart over her foot; in over-reacting to the presence of a baby nutria, a frightened and non-aggressive animal; in attempting to run away from the frightened baby nutria, when the nutria was in retreat.
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