You’d think the sheer number of children and over-priced toys would be enough to make anyone avoid the Time Square Toys R Us.
Add falling candy dispensers to the list.
Elizabeth Flickinger — a Pennsylvania mother of two — is suing dispenser manufacturer Trade Fixtures for unspecified millions after a 25-pound M&M dispenser fell on her during a visit to Toys R Us in October 2008. The Daily News reported that while Ms. Flickinger was dispensing blue M&M’s, the dispenser came loose and fell on her, hitting her on the forehead and twisting her neck.
This is not the first case taken up by the Flickinger family because of the timbering candy tower. M&M’s settled with the Flickingers in a prior suit for an undisclosed sum and a jury absolved Toys R Us employees of negligence in a suit in Pennsylvania.
Ms. Fickinger recalled the incident in Brooklyn Federal Court last week, saying “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.”
James Burke, a lawyer representing the dispenser manufacturer, argued in court that Ms. Flickinger did not report any physical problems for more than six months after the accident. He added that 50,000 of the dispensers have delivered sweets to millions of children for seven years without any problems.
A Toys R Us employee claims Ms. Flickinger’s son was responsible for the dispenser falling, though the family claims that’s not true, reported the Daily News.
Ms. Flickinger is claiming “excruciating headaches, a herniated disk, loss of income and a diminished sex life with her husband” as a result of the accident in the current case.
And we thought chocolate was an aphrodisiac.