Local Man Injured by Falling Beer Sues Store

Copy of Lawsuit (PDF)

ORANGE PARK, FL -- A man from Orange Park has filed a lawsuit after a can of beer fell on him at a supermarket in Ocala.

Olester Duncan says the incident happened last month when he went to buy a four-pack of Schlitz Malt Liquor from an Albertson's store.

He claims in his lawsuit the four-pack he grabbed was defective and improperly packaged and stored in the cooler.

Duncan also claims the store failed to "provide a proper means of getting the four-pack from the display cooler" to his basket.

According to the lawsuit, the incident caused him "to sustain serious and grievous injuries," pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life and other damages.

His wife is part of the lawsuit. Maria Duncan claims she "has in the past and will in the future suffer the loss of the value of her husband's services, society, companionship and consortium by reason of his injuries."

The companies named in the lawsuit include Albertson's, Cone Distributing, Pabst Brewing, Miller Brewing, Lakefront Brewery, the Stroh Brewery company, and SBC Holdings.

First Coast News talked to Duncan at his home in Orange Park today. He offered no comment.

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