Family Dollar sued over falling merchandise

David Yates Jan. 19, 2011, 6:14am

Claiming falling merchandise forced her to take evasive action and twist her ankle, Mary Jane Walters has filed suit against Family Dollar Stores of Texas.

The suit was filed Jan. 12 in Jefferson County District Court.

According to the petition, on Sept. 11, 2009, Walters was shopping at the Family Dollar on 11th Street in Beaumont when a box of merchandise tumbled from a shelf and fell on her.

In the midst of trying to dodge "picture frames and other items," Walters twisted her knees and right ankle, the suit states.

Instead of offering her assistance, a store employee allegedly told her she "was lucky that she didn't get hit by the big mirror back there" and that "merchandise was always falling from that area of the store," the suit states.

At the time of the incident, Walters was already recovering from ankle surgery.

In her suit, Walters alleges Family Dollar negligently failed to inspect and maintain its premises and warn shoppers of the dangerous condition.

She is suing the company for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

The Law Offices of Gilbert T. Adams in Beaumont represents her.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E189-146

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