Woman sues mall for trip in parking lot

David Yates Jan. 28, 2008, 4:26am

Claiming that a West End shopping center negligently camouflaged its concrete barriers to match the color of the parking lot, Jean Shivers has filed suit against Parkdale Mall.

Shivers tripped over a "wheel stop" while walking around to the front of her vehicle.

Her personal injury lawsuit was filed in the Jefferson County District Court on Jan. 25.

According to the plaintiff's petition, on Jan. 28, 2006, Shivers was walking to her car in the parking lot of Parkdale Mall, which is owned by CBL & Associates Inc. When she walked around the front of her vehicle, Shivers tripped over the wheel stop, "which was the same color as the rest of the parking lot."

The suit does not describe Shivers' injuries, only saying "she suffered severe and permanent injuries to her body" because Parkdale Mall failed to inspect and maintain its premises.

"Plaintiff alleges that (the Defendant) negligently caused and permitted … the dangerous condition to exist and failed to warn Plaintiff of the defective condition of the parking lot," the suit said. Defendant breached its duty of care by both failing to make the condition reasonably safe and failing to adequately warn the Plaintiff of the condition. Defendants' breach caused Plaintiff's injuries."

Shivers is suing for past and future mental anguish, medical expenses and impairment.

She is demanding a trial by jury and is represented by Louisiana lawyer Clint Brasher.

Judge Milton Shuffield, 136th Judicial District, has been assigned to the case.

Case No. D181-117

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