A Mitchell woman filed a lawsuit last week alleging that negligence by Cabela's and a company that hosted a mobile display in the store's parking lot led to her being injured in August.
Pam Pakieser's case, filed against Cabela's LLC and Work-N-Ranch Inc. on Nov. 4, is the second injury-related Davison County case in three months to name Cabela's as a defendant. In August, a couple from Tripp County also sued for damages they say were caused at the retailer's Mitchell location.
Pakieser's complaint states that she was injured on Aug. 3 when she entered Work-N-Ranch Inc.'s mobile display that was set up in the Cabela's parking lot. The complaint does not detail what specific events led to Pakieser's alleged injuries or exactly what those injuries were, but it argues that the display's entrance and exit ramp was unsafe and that incidents that day led to injuries, permanent scarring, medical expenses, possible impairment and disability and loss of wages.
Chris Nipe, Pakieser's attorney, had not responded to The Daily Republic for additional details on the case as of Thursday afternoon. Zachary Peterson, who is representing Work-N-Ranch Inc., told The Daily Republic he couldn't comment on the Pakieser case so soon after it was assigned to him, and court documents indicate Cabela's does not currently have representation in that case.
The other case pending against Cabela's was filed on Aug. 22 by C.A. and Twila Owen and named Springfield, Missouri-based TMBC, LLC as an additional defendant. According to the Owens' complaint, the couple stopped at the Mitchell Cabela's on their way home from the Mayo Clinic in Rochester, Minnesota, where C.A. Owen had undergone spinal surgery.
As C.A. Owen, who was using a walker, went through the store's main entrance, the automatic doors allegedly "squeezed closed at an irregular and unexpected time and into C.A.'s walker causing him to fall to the ground," according to the complaint.
The Owens are suing for more than $200,000 in damages, which they argue include C.A.'s spinal and neurological condition worsening as a result of the fall.
In both cases, the plaintiffs are arguing that Cabela's didn't meet its duty to ensure customers' safety on store premises. Pakieser's case brings similar allegations against Work-N-Ranch, the Nebraska-based company that was operating the display where she allegedly suffered damages.
The Owens case also requests damages from TMBC, though the defense's Sept. 25 response to the initial complaint states that TMBC doesn't own or operate the Cabela's store, as suggested in the complaint, and shouldn't be a party in the case. The Owens' complaint doesn't include allegations against TMBC, specifically.
Jeffery Collins, who is representing Cabela's and TMBC in the Owen case, and Clint Sargent, the Owens' attorney, were unavailable for comment on the case.
Trial dates have not been set in either case.