Dollar Tree non-suited from trip & fall

David Yates Dec. 7, 2011, 4:38am

Dollar Tree was recently non-suited from litigation brought by Alma Smith, who tumbled over a display table and injured herself while shopping at a Port Arthur location two years ago.

As previously reported, on Sept. 12 Smith filed suit against Dollar Tree Stores in Jefferson County District Court, alleging the store negligently placed the table in a high traffic area.

On Nov. 18 Smith filed a notice of non-suit, stating that Dollar Tree answered her suit asserting contributory negligence and requesting that the court dismiss the company without prejudice.

Three days later, Judge Donald Floyd, 172nd District Court, granted Smith's request, court papers say.

Court records show that on Oct. 1, 2009, Smith was leaving the Dollar Tree on N. Twin City Highway "when she fell over a display table which was negligently placed in a congested, high traffic area."

The suit alleged Dollar Tree had a duty to warn Smith and safeguard her against the dangerous condition.

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

Beaumont attorney Jonathan Juhan represented her.

Case No. E190-899

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