Convenience store sued after man trips on handicap ramp

Michelle Massey, East Texas Bureau Jul. 30, 2009, 3:11am

Convenience Store Sued For Improper Location of Handicap Ramp

FAYETTEVILLE, Ark. � After falling down and injuring his wrist, an Arkansas resident is suing a convenience store alleging that the handicap ramp was improperly constructed and posed an unreasonable risk of harm.

Martin Jay Camp filed a personal injury lawsuit against E-Z Mart Stores Inc. on July 9 in the Washington County (Arkansas) Circuit Court. E-Z Mart removed the case to federal court, Fayetteville Division of the Western District of Arkansas.

The plaintiff states that the defendant is liable for his damages as the ramp "had angled edges which were not suitable for walking upon," and "edges were marked in such a way to give customers no perception as to the actual edges of the ramp."

In addition, "the ramp was located several feet to the side of the business' front door, which increased the likelihood of customers stepping upon the ramp edge," the suit states.

Camp argues that E-Z Mart had a duty to repair the ramp or make the ramp reasonably safe or to warn of the dangers presented by the ramp.

Camp states that because of the fall, he has suffered a serious injury to his left wrist, "resulting in excruciating pain and suffering and a loss of use of his wrist."

The lawsuit maintains that the store had a duty to construct the ramp in a manner consistent with the municipal building codes of the city but instead violated the building codes.

The plaintiff is seeking damages for medical expenses, loss of earnings, mental anguish, and mental pain.

E-Z Mart admits that its Springdale store has a handicap ramp but denies the plaintiff's other allegations. The defendant states that Camp was negligent or at fault and caused or contributed to the incident which caused his injuries.

Attorney Jeff H. Watson of Springdale, Ark. is representing the plaintiff.

U.S. District Judge Jimm Larry Hendren will preside over the litigation.

Case No 5:09cv05152

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