Wal-Mart customer sues after tripping over packaging

Michelle Massey, East Texas Bureau Feb. 25, 2010, 2:32am

While shopping at the Beaumont Wal-Mart, a customer tripped over packaging material left on the floor and fell. She claims that Wal-Mart should have known that the packaging material on the floor created a dangerous condition and is suing the retail giant.

As the Southeast Texas Record previously reported, Susan Henderson filed the original lawsuit on Dec. 9, 2009, in the 172nd Judicial District Court of Jefferson County. Citing more than the minimum jurisdictional requirements, Wal-Mart removed the case to the federal court in the Eastern District of Texas-Beaumont Division on Feb. 19.

According to the suit, Henderson says she was shopping in the Wal-Mart store on Christmas Eve 2007, when she tripped over the packaging material left in the floor by a Wal-Mart employee. She states the fall caused her severe and permanent injuries.

Henderson believes Wal-Mart is negligent for placing packaging material on the floor, failing to properly train and supervise its employees regarding the removal of packaging materials, failing to hire competent employees, failing to provide proper warnings and to warn of a dangerous and hazardous condition, and failing to maintain the floor in a reasonably safe condition.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, physical impairment, loss of consortium including damages to the family relationship, loss of care, comfort, solace, companionship, protections, services and/or physical relations, and prejudgment interest.

Beaumont attorneys Clint Brasher and Joe Muckleroy are representing the plaintiff.

U.S. District Judge Marcia A. Crone is assigned to the litigation.

Case No 1:10cv00097

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