Rosser v. Lowe's Home Center, Inc.

By Judge Verbena M. Askew

On or about November 19, 1991, Plaintiff, David Rosser, entered the Defendant’s store, the Lowe’s Home Center at Sherwood Mall in Newport News, with the intent to purchase a water heater. While standing in front of a stacked display of water heaters, Rosser was struck by an object. He regained consciousness with a hot water heater on his back and another adjacent to him. Rosser then observed that several water heaters were missing from the upper tier(s) of the display.

A factual dispute exists over the arrangement of the water heater display. Plaintiff and Defendant…