Stokes v. Peyton's Inc.

MEHRTENS, District Judge:

Appellant brought a diversity action for damages arising from injuries sustained when he impaled his left eye upon a J-hook affixed to the outer edge of a display shelf in a SupeRx Drug Store *374where he was employed as store manager. The injury occurred as Stokes bent over to assist a customer in locating certain merchandise. Although designed to promote impulse buying, the hook apparently held no merchandise at the time of the injury.

Stokes contends that Travco negligently designed the J-hook and that the product] was not merchantable and reasonably] suited to the use…