Woman who slips in vomit sues Wal-Mart
With the high volume of consumer traffic pouring through Wal-Mart stores everyday, accidental slip hazards are bound to happen. However, Kissa Madkins claims employees at a Nacogdoches Wal-Mart "intentionally" allowed the puddle of vomit she slipped in to linger.
Madkins filed her personal injury lawsuit on Sept. 24 in the U.S. District Court Eastern District of Texas, Lufkin Division.
According to the plaintiff's original petition, on Oct. 22, 2005, Madkins paid a visit to the Nacogdoches Wall-Mart. While she was shopping, Madkins "slipped in a puddle of vomit which had been intentionally left unattended by Defendant."
"Defendant's conduct and that of its…employees…constituted a breach of the duty of ordinary care owed by Defendant to Plaintiff," the suit said. "Defendant knew or should have known that the condition on its premises created an unreasonable risk of harm to invitees like Plaintiff."
As a result of Wal-Mart's alleged negligence, Madkins claims she suffered "severe personal injuries," the suit said. However, the suit does not say what parts of her body she injured.
"Plaintiff has incurred medical expenses in connection with necessary medical treatment for injuries arising out of the incident and, in all probability, will incur medical expenses in the future for the care and treatment of her injuries," the suit said.
Madkins is suing for past and future medical expenses, physical impairment, loss of earning capacity, pain and mental anguish.
"Plaintiff's damage exceeds $75,000, exclusive of interests and costs (and) demands a trial by jury on all issues of fact," the suit said.
Madkins is represented by Charles Dendy, Attorney at Law.
U.S. District Judge Ron Clark has been assigned to the case.
Case No. 9:07CV227