Woman trips over plastic sign, sues J.C. Penney

David Yates Dec. 28, 2010, 9:41am

Although signs advertising sales or specials are a regular sight in retail stores, one Orange woman claims one particular plastic sign at J.C. Penney was not clearly visible, causing her trip and fall two years ago.

Wilda Stewart, along with her husband Ray, filed suit against J.C. Penney on Dec. 21 in Jefferson County District Court, alleging the company negligently placed the sign in a high traffic area.

Court records show that on Dec. 26, 2008, Stewart was shopping at the J.C. Penney store at Parkdale Mall in Beaumont when "she tripped on a clear plastic sign that had been placed in a main traffic area, causing her to fall and strike her shoulder on a center concrete support post adjacent to the bedding area."

"The portion of the sign plaintiff tripped on was not clearly visible and constituted an unreasonable risk of harm," the suit states. "Furthermore, the sign was not affixed to the floor or any other structure such that it could have been easily moved by other patrons of the store."

Stewart is suing for her alleged past and future mental anguish, impairment, medical expenses and pain.

Her husband is suing for loss of consortium.

The plaintiffs are represented by attorney Richard Hatfield of the Beaumont law firm Harris, Duesler & Hatfield.

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

Case No. B189-006

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