Leaky freezer leads to suit against Wal-Mart

David Yates Feb. 5, 2008, 7:00am

A leaky freezer has led to a slip and fall lawsuit against Wal-Mart Stores. Nu Thi Nguyen claims she slipped and fell in a puddle of water while shopping at the Twin City Highway mega center.

Nguyen's suit was filed in the Jefferson County District Court on Jan. 31.

According to the plaintiff's petition, "Nguyen was seriously injured � when she slipped and fell on a big puddle of water that was leaking from (a Wal-Mart) freezer."

The suit does not state the nature of Nguyen's injuries.

"Defendant Wal-Mart Stores � negligently permitted the floor to become wet and slippery � and willfully failed to warn Plaintiff of the condition of the floor," the suit said.

"This condition existed despite the fact that Wal-Mart knew or should have known of the existence of the aforementioned condition and that there was likelihood of a person being injured."

The suit continues by listing the following acts of alleged negligence:

  • Failing to properly inspect and maintain the flooring area in question to discover the dangerous condition;
  • Failing to maintain the floor in a reasonably safe condition;
  • Failing to give adequate and understandable warnings to Plaintiff of the unsafe condition of the flooring area;
  • Failing to give warnings to Plaintiff of the unsafe condition;
  • Failing to remove the slippery condition causing the slip and fall; and
  • Failing to discover and remove the slippery condition within a reasonable time.

    "As a direct and proximate result of the occurrence made the basis of this lawsuit, and Defendant's acts as described herein, Plaintiff Nu Thi Nguyen was caused to suffer injuries, and to endure anxiety, pain, and illness resulting in damages," the suit said.

    Nguyen is also suing for lost wages.

    She is demanding a trial by jury and is represented by attorney Rahul Lamba.

    The case has been assigned to Judge Donald Flyod, 172nd Judicial District.

    Case No. E181-149

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