Cracked pavement blamed for fall at League City Wal-Mart

John Suayan, Galveston Bureau Nov. 21, 2011, 6:33am

GALVESTON - After falling at a Wal-Mart last year, Brazoria County resident Melba Newberry has filed a lawsuit.

Newberry claims he tripped and fell on uneven and cracked pavement at the facilities owned and operated by Wal-Mart Stores Texas LLC in League City on Apr. 18, 2010, according to recent court documents filed Nov. 16 in Galveston County District Court.

The suit says the plaintiff "landed forcefully on the ground and sustained severe and extensive injuries to her body."

"The uneven and cracked pavement on the premises of Wal-Mart Store #5388 posed an unreasonable risk of harm because individuals walking through the parking lot may trip and fall on the uneven and cracked pavement through no fault of their own and severely injure themselves," the original petition states.

It further argues the discount retailer "breached its duty of care by both failing to make the dangerous condition reasonably safe and/or failing to adequately Newberry of the dangerous condition" at the subject location.

"Each of these acts or omissions, taken alone or collectively, amount to premises liability by Wal-Mart and Newberry sustained damages as a proximate result of Wal-Mart's conduct," the suit says.

"Accordingly, Wal-Mart is liable to Newberry as a result of its premises liability."

Consequently, the plaintiff seeks unspecified monetary damages.

She is represented by The Law Firm of Alton C. Todd.

The case has been assigned to Galveston County 122nd District Court John Ellisor.

Case No. 11-cv-1792

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