Caserta v. Wal-Mart Stores, Inc.

I,Plaintiff brought a truck to Wal-Mart Tire & Lube Express (“Wal-Mart”) to have new tires mounted on the vehicle. After attempts to remove the lug nut on one of the tires proved unsuccessful, the Wal-Mart technician agreed to take plaintiff to the automotive service area to show him the problem.' The technician gave plaintiff a pair of safety goggles, and at plaintiffs request, agreed to allow plaintiff to use the lug wrench to attempt to loosen the nut. As plaintiff attempted to remove the lug nut, it snapped, causing plaintiff to suffer injury.

Subsequently, plaintiff filed the instant suit…