Woman sues JC Penney after tripping on clothing rack

John Suayan, Galveston Bureau Jan. 23, 2012, 10:40am

GALVESTON - Lillie Bragg is suing J.C. Penney Co. Inc. after she injured herself at its Baybrook Mall location, recent court documents say.

In a lawsuit filed Jan. 12 in Galveston County District Court, Bragg states that an article of clothing and an unlocked rack caused her to fall on June 28.

The original petition states the retailer, doing business as Texas JCP Co. Inc., placed the racks "too closely together" and deprived the plaintiff ample space to walk through.

"As such, the plaintiff's foot got caught on pajamas that were negligently on the floor and as the plaintiff attempted to prevent herself from falling the wheels of a clothing rack were negligently unlocked, which caused the rack to move causing the plaintiff to fall," the suit says.

"As a result of this incident, the plaintiff sustained serious bodily injuries."

The plaintiff blames the store for failing to properly supervise its employees, creating an unreasonably dangerous condition, failing to warn, neglecting to train, failing to properly maintain a safe environment and failing to inspect the premises.

Bragg consequently sues for pain and suffering, mental anguish, disfigurement, impairment and medical expenses.

A jury trial is requested.

She is represented by The Hughes Law Firm.

The case has been assigned to Galveston County 10th District Court Judge David Garner.

Case No. 12-cv-0024

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