Update: garden-center bird attack

Alton, Ill.: U.S. District Judge William Stiehl has thrown out Rhonda Nichols’ lawsuit (Apr. 14, 2005) claiming that she was attacked by a bird at a Lowe’s home improvement center, and that Lowe’s should have warned her about the hazard. Judge Stiehl ruled “that a ‘reasonable plaintiff’ either would have noticed the birds or understood that contact with them was possible in any outdoor area with plants.” (Jim Suhr, “Woman’s suit against Lowe’s for bird attack won’t fly”, AP/Chicago Sun-Times, Jan. 5). Courthouse News has the opinion (PDF).

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