Woman sues Market Basket after fall in parking lot

Marilyn Tennissen Aug. 12, 2008, 6:20am

Market Basket on Highway 105

A woman who tripped and fell in the parking lot of a local grocery store is suing the grocer for negligence.

According to court papers, Carolyn Harris was a customer of the Market Basket store on FM 105 in Beaumont on Aug. 11, 2006.

"Plaintiff suffered severe injuries when she tripped and fell in the parking lot," the original complaint states. "This incident, and the injuries resulting therefrom, was proximately caused by the negligent acts and/or omissions of the defendant …"

Harris filed a personal injury suit against Retail Investors of Texas, doing business as Market Basket, on Aug. 8 in Jefferson County District Court.

The alleged acts of negligence include:
Failing to maintain said premises in a reasonable condition;
Failing to inspect said premises;
Failing to make reasonable repairs; and
Failing to warn of a dangerous condition of said premises.

As a result of the injuries, Harris claims she has incurred hospital and medical expenses and will continue to incur additional medical expenses for an undetermined length of time.

"Plaintiff would further show that as a result of the negligence of the defendant, and the injuries to plaintiff caused solely by the said negligence of said defendant, plaintiff has experienced extreme physical pain, suffering and mental anguish; and, in all probability, will be forced to endure physical pain, suffering and mental anguish for an undetermined length of time in the future and probably for the rest of her life," the complaint states.

Harris also alleges that Market Basket's conduct constituted gross negligence, conscious indifference and malice which entitle her to recover punitive and/or exemplary damages.

Jason E. Payne of Houston is representing the plaintiff.

The case has been assigned to District Judge Milton Shuffield.

Case No. D182-207

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