ATTORNEY FIEGER TO SUE OVER DEATH OF MENARDS SHOPPER STRUCK BY TILES

Original Story: Freep.com

Attorney Geoffrey Fieger says he will file two lawsuits Thursday against Menards on behalf of the family of a Clinton Township man killed by a pallet of tiles that fell on him from a shelf at the retailer’s Chesterfield Township store.

Fieger said today that he plans to file a wrongful death lawsuit and another complaint alleging infliction of emotional distress on the wife of Richard Colletti, 38, who died after he was struck in the head by the tiles while shopping at the Menards store on Saturday.

Colletti’s wife, Cindy, was with her husband when he was hit and “witnessed her husband’s injury and death,” Fieger said. She was not injured, Chesterfield Township police said.

■ Related: No charges expected in accidental death at Chesterfield Twp. Menards

■ Related: Menards shopper dies after pallet of ceramic tiles falls, hits him on head

The lawsuits are expected to be filed in Macomb County Circuit Court. A filing was made today in Macomb County Probate Court regarding the matter.

When asked how much the lawsuits are to seek in damages, Fieger told a Free Press reporter, “There’s not enough zeros on your typewriter.”

Fieger said he heard about the incident while vacationing with his family in Montana. He said he is not waiting to file the lawsuits because he doesn’t want evidence, such as surveillance tapes, to disappear or be taped over.

Police on Tuesday said no criminal charges are expected to be filed in the death of Colletti, who has a 5-year-old son. Sgt. Deron Myers said police presented their case today to the Macomb County Prosecutor’s Office for review.

Colletti was with his wife when he apparently took a direct hit to his head from what was believed to be ceramic 12-by-12 tiles, Lt. Bradley Kersten said Tuesday. He said there were 10 to 15 boxes along with other material to tile floors, weighing a total of 400 to 500 pounds, that fell 12 to 15 feet.

The couple was walking down the aisle when the incident happened.

Kersten said that about 15 to 20 minutes earlier, employees were placing pallets of materials and goods up on the storage racks using a forklift. That part of the aisle was open to the public when Colletti and his wife came through, Kersten said, and employees had moved to another area.

Messages were left Tuesday and today with Menards’ corporate office. Kersten said store employees and management have cooperated with police.

The Michigan Occupational Safety and Health Administration is not investigating the death because Colletti was a customer, and MIOSHA regulations apply to employer/employee relationships in a workplace, not to customers who are injured in a workplace, spokeswoman Andrea Miller had said.

The funeral for Colletti, who would have turned 39 on Friday, is 10 a.m. Friday at Kaul Funeral Home, 35201 Garfield, Clinton Township. Visitation is 2-8 p.m. Thursday at the funeral home.