Woman sues bank after falling in hole in parking lot

David Yates Feb. 27, 2008, 7:28am

Dropping by her bank, Michelle McInnis exited her vehicle and stepped in a hole in the parking lot, which caused her to drop to the ground.

Alleging the Gladys Wells Fargo Bank negligently failed to maintain its premises, McInnis has filed suit in the Jefferson County District Court on Feb. 26.

According to the plaintiff's petition, on Sept. 14, 2006, McInnis was at Wells Fargo, located at 8255 Gladys, to met with loan officers.

"Plaintiff exited the vehicle she was a passenger in, stepped back to retrieve her toddler from the rear seat, and stepped into a hole, causing her to fall," the suit said.

"This incident caused Plaintiff to fracture her left tibia and fibula, requiring Plaintiff to undergo immediate surgery, and also caused personal injuries to her body in general," the suit states.

McInnis alleges Wells Fargo was negligent for failing to control and inspect its premises.

"Defendant was negligent in maintaining the conditions of the premises and had actual and constructive notice of the dangerous condition that caused Plaintiff's injuries," the suit said. "This condition created unreasonable risk of harm, and Defendant failed to warn Plaintiff of the condition."

McInnis is suing for past and future medical expenses, mental anguish, impairment and loss of earning capacity.

She is demanding a trial by jury and is represented by Travis McCall, attorney for the Waldman Smallwood law firm.

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

Case No. D181-322

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