Woman falls while shopping, sues Ross Stores

John Suayan, Galveston Bureau Mar. 11, 2010, 5:29am

GALVESTON - A Galveston County woman claims she sustained a shoulder injury while shopping at a local discount department store more than a year ago, recent court documents say.

Carla Holland's personal injury lawsuit against Ross Stores Inc. explains that on June 4, 2008, the plaintiff slipped and fell in the children's department of the retailer's Galveston location on a blue unknown substance that was on the floor.

"The defendant knew or should have known of the condition on its premises," the original petition says. "Additionally, the defendant created the condition and it was foreseeable that someone would slip and fall."

The suit was filed March 8 in Galveston County District Court.

Holland says she was walking through the children's section when she stepped on the substance and hit the floor with "great force and violence."

She claims she tore the rotator cuff on her right shoulder.

"She went to the emergency room where was treated for her injuries and released with orders to follow up," the suit says.

Holland adds she was required to undergo surgery to repair her right shoulder as well as participate in multiple physical therapy sessions afterwards.

The defendant is faulted for failing to warn the plaintiff that the dangerous condition existed on the premises, failing to provide and maintain a reasonably safe place, and failing to properly supervise its employees.

Holland seeks damages for including but not limited to pain and suffering, mental anguish, and disfigurement.

Galveston attorneys Darrell A. Apffel and S. Benjamin Shabot are representing the plaintiff.

The case has been assigned to Galveston County 405th District Court Judge Wayne Mallia.

Case No. 10cv0663

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