Facility sued for failing to turn off sprinkler system during freeze

Michelle Massey, East Texas Bureau Aug. 11, 2010, 6:12am

SHERMAN-A worker at a Plano senior living facility claims he slipped and fell because the facility failed to turn off its sprinkler system during freezing temperatures.

Beverly McCarty filed suit against Sunrise Senior Living Inc., Morsun Plano Senior Living, Turner Forest Industries Inc. and Mycare Personal Assistance on Jan. 27 in Collin County District Court. Defendant Sunrise Senior removed the case to the Sherman Division of the Eastern District of Texas on Aug. 5.

The slip and fall allegedly occurred on Feb. 1, 2008, as McCarty was leaving the Sunrise of Plano facility. McCarty states she slipped on a patch of ice, causing her to fall backward hitting her back and head losing consciousness.

She states when she regained consciousness, she tried to get up but slipped and fell again, this time landing on her knees and face.

McCarty cliams the patch of ice was created on the sidewalk by running water from the sprinkler system.

The defendants are accused of creating a condition that posed an unreasonable risk of harm, of permitting an unreasonably dangerous condition to exist on its premises, failing to timely clean and remove the frozen ice from the grounds of the premises, failing to ensure the sprinkler system would not be turned on during freezing weather temperatures, failing to maintain the sidewalk in a reasonably safe condition and failing to warn of the unsafe condition.

McCarty is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, lost wages and loss of earning capacity, exemplary damages, interest, and court costs.

Dallas attorney Kristina N. Kastl of Kastl Law is representing McCarty.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10cv00392

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