Carol Ostrow Aug. 5, 2015, 2:35pm

A Kendall County man is suing Menard's, alleging premises negligence in a trip and fall accident involving what he says was an unattended wooden pallet.

Rick Fermazin filed a lawsuit July 29 in Cook County Circuit Court against Menard’s, alleging negligence and premises liability in the 2013 incident.

According to the complaint, on Aug. 8, 2013, Fermazin was a patron of the Menard’s retail store at 1800 Marketview Drive, in Yorkville in Kendall County. The suit says two large pallets were placed near an end cap and one was stacked with boxes that obstructed the view of the pallet behind it.

The lawsuit states when Fermazin tried to walk around the corner, his foot became trapped in the rear pallet which was empty, and he fell, sustaining injuries to his legs including bones, ligaments, muscles, nerves and tissues, and incurring medical expenses.

The suit says Menard's was negligent in its purported failure to remove the unattended pallet and/or warn the plaintiff of its presence in the common area of the store.

Fermazin seeks more than $75,000 plus attorney fees and costs. He is represented by attorney Brandon Hall of Hart and David in Elmhurst.

Cook County Circuit Court case number 2015L007707.

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