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Family Blames Water Bottler In Woman's Death

Suit Claims Eco-Friendly Design Might Have Contributed To Accident

POSTED: 8:41 am EDT September 1, 2010
UPDATED: 10:36 am EDT September 1, 2010

The family of a woman who died after a pallet of bottled water fell on her at a Kroger store in central Indiana is suing the water bottler, arguing a new eco-friendly bottle design might have contributed to the accident.

The lawsuit filed by the husband of Lori Keen, 32, is pending in federal court in Indianapolis.

The suit contends that Nestle Waters North America's new bottles used less plastic and couldn't support as much weight as previous bottles.

Keen was fatally injured March 15 when a 4,100-pound pallet of bottled water fell on her in the warehouse of a Kroger store in Franklin. The lawsuit seeks unspecified damages.

Nestle Waters spokeswoman Jane Lazgin said Wednesday the company was still reviewing the circumstances of the accident.

Earlier this year, state regulators fined Kroger $17,000 after the Department of Labor said it found three violations related to the stacking, arrangement and movement of materials at the store.

Kroger disputed some of those findings. Company representatives said Keen was checking in a shipment when the water fell and that a delivery worker saw what happened.
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