Rainy day leads to suit against bank after customer falls

Kelly Holleran Jul. 9, 2009, 2:39am

A Port Arthur woman who says she slipped after walking in the rain is suing the bank she blames for her fall.

Patricia Thomas filed a lawsuit July 6 in Jefferson County District Court against Capital One National Association.

Thomas says she entered Capital One's premises at 441 Austin Ave. in Port Arthur on July 6, 2007, when the incident occurred.

According to the complaint, Thomas walked through a back entrance to the bank that had no awning, so when she entered the building she wiped her feet on a rug at the door.

"When she stepped onto the waxed floors, her feet flew out from under her and she slammed onto the floor, landing on her knees and wrist," the complaint says.

Because of the incident, Thomas injured her leg, back, neck and wrist, the suit states.

"She sought medical attention and endured physical therapy, but she continues to suffer pain, sometimes still quite intense, and at other times only nagging, but almost always a pain," the complaint says.

In addition, Thomas endured anxiety, pain and illness, incurred medical costs and experienced physical pain, suffering, mental anguish and physical impairment, which will likely continue into the future, according to the complaint.

Capital One failed to properly inspect the flooring area, failed to maintain the floor in a safe condition, failed to give adequate warnings to Thomas, failed to give warnings of the unsafe condition, failed to remove the hazardous condition within a reasonable time and failed to train employees in proper safety procedures, the suit states.

Thomas is seeking a judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which she may be entitled.

Myra Gregory of Gregory Law Firm in Port Neches will be representing her.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E184-449.

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