PA woman sues H-E-B for fall in produce department

David Yates Aug. 18, 2008, 8:21am

Alleging H-E-B Grocery Co. negligently failed to "guard the public from lingering foreign substances" on its floors, Danielle Talbert has filed a lawsuit against the grocery store chain.

Talbert slipped and fell while shopping at a Port Arthur H-E-B, court papers say.

Her lawsuit was filed Aug. 15 in Jefferson County District Court.

On June 16, Talbert was shopping at H-E-B No. 589 on FM 365 in Port Arthur. The suit states that Talbert was "unaware of any foreign substance on the defendants' Produce Department floor," which allegedly caused her to sustain serious injuries when she slipped on a liquid on the floor.

"The liquid substance posed an unreasonable risk of harm to persons similarly situated, and defendants reasonably should have known of the hazard � caused by the presence of a spill on the floor but nevertheless failed to exercise reasonable and ordinary care to prevent � the hazard and further failed to properly alert � the plaintiff," the suit says.

For allegedly acting with blatant disregard for her wellbeing, Talbert is suing H-E-B for exemplary damages as a means of punishing the company.

She is represented by the Law Offices of Gilbert T. Adams.

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

Case No. D182-233

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