A San Antonio man is suing H-E-B claiming a cashier whacked him with an English cucumber after he questioned her about scanning the item twice. According to the court document, when Joe Lopez asked the cashier if she had scanned the cucumber twice, she grabbed it and whacked his right hand with it, rupturing the plastic shrink wrap and causing the cucumber to explode.
Lopez is now suing for damages, including pain and suffering, health care expenses, physical impairment, loss of earnings and mental anguish. He is seeking relief in the amount of over $200,000 but less than $1,000,000 including damages, penalties, costs, expenses and pre-judgement interest.
Lopez alleges that he saw what she was about to do and tried to pull his hand back to avoid the hit, but was not fast enough. He said he felt a "pop" in the area of his AV fistula, which was surgically done to provide arterial and venous blood flow necessary for dialysis.
He claims he was "shocked by the violent reaction to his questioning about the double scan, while the cashier insisted it was his fault for questioning her about properly scanning his groceries."
We reached out to his attorney for a comment.
H-E-B is a good company and very responsible. They are very professional in handling claims. The only reason suit was filed was that the 2 year statute of limitations was upon us and we had to file to preserve the case," said Lee Parsons, his attorney.
We also reached out to H-E-B, who responded with "We are in the process of evaluating it."