Suit alleges Wal-Mart should have placed warning cones around small bin

David Yates Nov. 18, 2009, 6:27am

Claiming that a "small and inconspicuous" bin tripped her up, Cheryl Knight has filed suit against Wal-Mart Stores for not placing warning cones around the object.

The suit, filed Nov. 16 in Orange County District Court, alleges Wal-Mart owed her a duty to keep its isles clear of merchandise.

According to her suit, Knight was shopping at the Orange Wal-Mart on July 23 when she tripped and injured herself.

"Defendant's employee negligently placed a small opaque storage bin ... roughly the same color as the white tile in an isle," the suit states.

"The bin was small and inconspicuous and not properly marked with warning signs or cones to alert patrons of its presence."

In her suit, Knight says she reaching for an object off a shelf when she turned toward her husband and tripped.

The fall caused her to rip cartilage in her left knee, the suit states.

Knight alleges the defendant negligently failed to provide a safe area to shop and is suing for past and future mental anguish, impairment, lost earnings and pain, plus attorney's fees.

She is represented by attorney Gordon Friesz.

Judge Dennis Powell, 163rd Judicial District, will preside over the case.

Case No. B090616-c

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