Suit filed against Wal-mart, McDonalds after woman slips on soda

Kelly Holleran Aug. 17, 2010, 9:25am

A woman has filed suit against Wal-mart and McDonalds after she says she fell on spilled soda while shopping.

Cheryl Gilpatrick claims she was shopping with her friend at the Orange Wal-mart on April 1 when she slipped on spilled soda left on the floor near the coke bin outside of the McDonald's restaurant inside Wal-mart.

"According to the witnesses at the scene, several of the Wal-Mart employees were working in the area at the time and at least one of them made comments that she actually saw a customer spilling soda out of the cup while walking away from the coke bin," the suit states. "However, none of the Wal-Mart employees took action to either promptly clean up the spill, warn customers about the spill, cordon off or barricade the area and/or perform any of the required preventative actions before the Plaintiff slipped and fell on it."

Because of her fall, Gilpatrick sustained severe injuries to her left shoulder, left hip, left knee and body and incurred medical costs, according to the complaint filed Aug. 9 in Jefferson County District Court.

In addition, Gilpatrick lost earnings and her earning capacity; experienced physical pain, suffering and mental anguish; and endured physical impairment and physical disfigurement, the complaint says.

In her complaint, Gilpatrick blames the defendants for a number of negligent acts, including their failure to provide a safe place to shop, their creation of an unsafe condition, their failure to protect customers from existing hazards and their failure to alert shoppers of the existence of a hazard.

Gilpatrick seeks actual and exemplary damages, plus pre- and post-judgment interest at the highest rates allowed by law, costs and other relief the court deems just.

Gilbert T. Adams and Alto V. Watson III of the Law Offices of Gilbert T. Adams in Beaumont will be representing her.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B187-510.

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