Crash into hot sauce leads to suit against H.E.B.

Kelly Holleran Dec. 30, 2008, 4:34am

Mark Sparks

A Port Arthur woman has filed suit against H.E. Butt Grocery Co., alleging she slipped on water and fell into a display of glass jars of hot sauce while shopping at H.E. B. Pantry.

Darlene McClain was at the Port Arthur store Nov. 11, 2007, when she slipped in a puddle of water that had accumulated on the floor from a drip in the ceiling, according to the complaint filed Dec. 18 in Jefferson County District Court.

"As a result of her slipping, she fell into a display of hot sauce causing glass jars to break and ultimately causing injuries to her eyes, face and body generally," the suit states.

In addition to her eye and face injuries, McClain alleges she sustained injuries to her left hip and side and incurred medical expenses.

She also lost earnings and experienced physical pain, mental anguish, physical disfigurement and physical impairment, according to the complaint.

H.E. Butt Grocery Co. was negligent, the complaint alleges, by creating the dangerous condition, by failing to provide a safe place to walk, by failing to inspect the premises for a dangerous condition, by failing to warn of the dangerous condition and by failing to guard against the dangerous condition.

In addition, the store negligently failed to keep the walkway free of water and failed to rectify the leaky ceiling, the suit states.

McClain is seeking an unspecified judgment, plus costs, interest and other relief to which she may be entitled.

Mark Sparks of Provost and Umphrey Law Firm in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B182-875

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