Slip on greasy spot at greasy spoon leads to lawsuit

David Yates Dec. 12, 2007, 9:39am

Greasy substances allegedly caused Jason Kimbril to slip and fall as he passed by the Walden Petro Stopping Center's dumpster. He is suing the truck stop for failing to warn him of the "dangerous condition."

The suit, filed in the Jefferson County District Court on Dec. 11, does not state why Kimbril was hanging around the dumpster, nor does it say why he neglected to avoid stepping in a greasy puddle, which are commonly found by all dumpsters.

According to the plaintiff's petition, on Dec. 15, 2005, Kimbril paid a visit to the Petro Stopping Center on Walden Road in Beaumont for the purposes of using the gas station's "facilities as an ordinary patron."

"As a direct result of allowing grease to be deposited and to accumulate near the dumpsters on defendant's premises, plaintiff was caused to slip in the greasy substance and fall, sustaining serious bodily injury," the suit said.

"Plaintiff further alleges that defendant…negligently caused and permitted such condition to exist and failed to warn plaintiff, despite the fact that defendant knew…of the existence of the condition and that there was a likelihood of someone being injured."

The suit continues by saying Kimbril suffered "mental anguish of an almost incalculable nature including the obvious mental anguish which necessarily accompanied these serious injuries."

He is also suing for past and future physical pain, medical expenses, loss of earnings and impairment.

Kimbril is demanding a trial by jury and is represented by attorney Adam Terrell of the Weller, Green, Toups & Terrell law firm.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B180-884

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