Shopper sues after slip and fall at Dillard's

Michelle Massey, East Texas Bureau May 19, 2010, 9:19am

MARSHALL-While shopping at a Dillard's store in Tyler in May 2008, Donna Rutledge claims she slipped in an accumulation of liquid on the floor and fell to the ground. Rutledge states she was seriously injury due to the slip and fall.

Arguing that the wet floor constituted an unreasonable and dangerous condition, Rutledge filed a premises liability lawsuit against Dillard's Inc. on May 12 in the Marshall Division of the Eastern District of Texas.

The plaintiff claims Dillard's was aware of the liquid accumulation but failed to "promptly clean up the spill, failed to place warning signs, and failed to otherwise notify the plaintiff of the hazardous condition."

Rutledge accuses Dillard's of negligent conduct for failing to properly inspect and maintain the floor to discover the dangerous condition, failing to maintain the floor in a reasonably safe condition, failing to give adequate warnings, and for failing to promptly clean up the liquid that had accumulated on the flooring area.

The plaintiff is seeking damage for medical expenses, physical pain and suffering, mental anguish, physical impairment, interest, and court costs.

Tyler attorney David E. Dobbs of Dobbs & Tittle PC is representing the plaintiff. A jury trial is requested.

U.S. District Judge T. John Ward is assigned to the case.

Case No. 2:10cv00154

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