Woman injured while looking at hanging plants sues Sutherland Lumber

David Yates Apr. 11, 2011, 10:26am

A woman claiming she was injured while looking at hanging plants has filed suit against Sutherland Lumber.

Alleging the Beaumont lumber and home improvement store failed to warn her of the danger, Carolyn Allen filed suit April 8 in Jefferson County District Court.

According to the lawsuit, Allen was shopping at the store on March 18, 2010. She was pushing her cart between the main building and the garden center "while looking at hanging plants" when she pushed the cart into a broken water main cover.

"Allen attempted to prevent the cart from falling, but was unable to do so," the suit states. "Defendant knew or should have known that the condition on its premises created an unreasonable risk of harm."

The suit does not state how or where Allen was injured, only that Sutherland was negligent for failing to warn her and failing to inspect its premises for hazardous conditions.

"Defendant ... failed to warn invitees, including plaintiff, to use extra caution when pushing shopping carts in the area where the broken water main cover was located," the suit states.

Allen is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Michael Getz represents her.

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

Case No. E189-744

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