Times Square tourist demands millions after M&M tower falls on her head
An American mother of two is suing dispenser manufacturer Trade Fixtures for millions after an M&M dispenser fell on her during a visit to Toys R Us in New York's Times Square.
The New York Observer reports that Elizabeth Flickinger, from Pennsylvania, visited the store in October 2008. She claims that when she was dispensing blue M&Ms, the dispenser came loose and hit her on the forehead, twisting her neck.
According to a report in The New York Daily News, Ms Flickinger, 42, suffered blinding headaches, a herniated disc, loss of income and a diminished sex life as a result of being hit on the head by the 25lb dispenser.
Last week her case was heard at Brooklyn federal court. Ms Flickinger told the court: "My vision went black for a couple of seconds. All I'm thinking is, [I've] got to catch this thing so it doesn't land on the kids. I remember myself and my boys screaming for help."
M&M's have already settled with the Flickingers in a prior lawsuit for an undisclosed sum, after a jury concluded that Toys R Us employees were not guilty of negligence.
The New York Observer reports that a Toys R Us employee claims that Ms Flickinger's son, James Jr, was responsible for the accident, because he was yanking on the swing-down arm that dispenses the chocolate treats. However, the boys' father, James Sr, swore under oath that his sons didn't pull the lever.
Experts testified that the dispenser tipped over because it wasn't properly secured, due to a design defect. However Trade Fixtures laywer, James Burke, argued that the dispensers have delivered sweets for seven years without any problems. He also argues that Ms Flickinger did not report any physical problems for more than six months after the incident.
Ms Flickinger says that she discussed the incident with the cashier, but didn't file a report until later when her husband, who was waiting in the car, saw a 'goose egg' on her head.
The Flickingers claim that the accident ruined a perfect weekend, which had involved seeing The Lion King on Broadway, shopping at FAO Schwarz and Build-A-Bear on Fifth Ave and attending Mass at St. Patrick's Cathedral.
Her laywer Jay Dankner told the jury: "Little did Beth think in her worst nightmares that... her life would be changed irreparably and permanently."
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