Dollar General customer sues after slipping in fish food

Michelle Massey, East Texas Bureau Aug. 31, 2010, 3:38am

TEXARKANA-A Dollar General store customer has filed a lawsuit after she slipped and fell on fish food that had spilled on the floor.

Crysti Myers filed suit against Dollar General Corp., Dollar General Merchandising Inc., Dollar General Intellectual Property, Dollar General Stores of Texas Inc., Texas Dollar General Co. and Dollar General Store #7525 on July 21 in 62nd Judicial District of Franklin County. The defendants removed the case to the Eastern District of Texas, Texarkana Division on Aug. 25.

The accident occurred on July 23, 2008, as Meyers was shopping at the Dollar General store located in Mount Vernon. Myers states she slipped on fish food, which had been previously spilled on the floor in the pet food aisle.

She claims she laid on the floor for a few minutes before another customer responded to her cries for help. According to the lawsuit, when Myers fell on the floor, she injured her head.

Myers argues the store posed an unreasonable risk of harm because the floor was unreasonably slippery due to the pet food. Further, she states the defendants should have known of the condition.

"Defendant breached its duty of care by creating the hazardous condition, failing to make the condition reasonably safe, and failing to adequately warn the Plaintiff of the condition," the lawsuits states.

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

Myers is represented by David Criss and Ryan B. Evans of the Law Office of David Criss in Dallas. Jury trial requested.

U.S. District Judge David Folsom is assigned to the litigation.

Case No. 5:10cv00151

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