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NICHOLS v. LOWE'S HOME CENTER, INC.

No. 05-CV-376-WDS.

407 F.Supp.2d 979 (2006)

Rhonda NICHOLS, Plaintiff, v. LOWE'S HOME CENTER, INC., Defendant.

United States District Court, S.D. Illinois.

January 3, 2006.

Attorney(s) appearing for the Case

Zane T. Cagle, Anderson & Associates, St. Louis, MO, for Plaintiff.

Gordon R. Broom, Benjamin W. Powell, Burroughs, Hepler et al., Edwardsville, IL, for Defendant.

MEMORANDUM & ORDER

STIEHL, District Judge.

Before the Court is defendant's motion for summary judgment, to which plaintiff has filed a response and defendant a reply.

BACKGROUND

According to the first amended complaint, plaintiff was shopping in the gardening area of a Lowe's hardware store in Fairview Heights, Illinois when a "wild bird" flew into the back of her head causing injuries. According to the plaintiff, the...

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