Wal-Mart argues injured shopper should have kept a better lookout

Michelle Massey, East Texas Bureau Apr. 11, 2011, 8:22am

Answering allegations of negligence, Wal-Mart denies it is responsible for a shopper's injuries after she fell.

Betty and Carl Kennebrew filed suit against Wal-Mart Stores Texas LLC and Walter Lashley on Feb. 28 in Jasper County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on March 29.

According to court documents, on Nov. 22, 2009, Betty Kennebrew suffered severe, painful and disabling injuries when she fell due to the negligence of Wal-Mart. Kennebrew states there was a defect in the premises which resulted in her injury.

The defendant is accused of failing to properly train their employees, failing to properly maintain the premises in a reasonably safe condition and failing to provide a reasonable place to show.

The lawsuit is seeking an award of medical expenses and interest.

Wal-Mart denies the allegations and states that it was not negligent for failing to discover any condition of the floor. Wal-Mart accuses Kennebrew of failing to keep a proper lookout.

The plaintiffs are represented by Jasper attorney March H. Coffield.

Wal-Mart is represented by Karen Spivey of Pate & Spivey LLP in Beaumont.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 1:11-cv-00149

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