Man slips on algae, sues Academy for not barricading area

David Yates Nov. 30, 2010, 8:29am

On his way to purchase a barbecue pit, Lynn Hymel slipped on some algae and fell. He sued Academy Sports & Outdoors, alleging the company failed to "barricade" the area to keep shoppers from slipping.

The suit was filed Nov. 24 in Jefferson County District Court.

Court papers show that on May 28 Hymel and his wife were shopping at the Port Arthur Academy on Memorial Boulevard. He informed a sales representative he was interested in purchasing a barbecue pit he saw in an advertisement.

Hymel was told the pits were kept in a storage facility behind the store. The representative and an Academy supervisor then proceeded to escort him, court papers say.

"The plaintiff alleges that at that time he slipped in an area covered with algae," the suit states. "Plaintiff alleges the algae ... constituted a dangerous condition, for which the defendant had previous knowledge."

In his suit, Hymel alleges Academy should have cleaned the algae, warned shoppers of the danger and barricaded the area.

He claims he had to undergo shoulder surgery after the incident and is suing for past and future medical expenses, mental anguish, pain and impairment.

Hymel is represented by Moore, Landrey attorney Tommy Yeates of Beaumont.

The case has been assigned to Judge Bob Wortham, 58th District Court.

Case No. A188-866

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