Amended complaint filed in suit against JCP

John Suayan, Galveston Bureau Apr. 1, 2012, 1:00pm

GALVESTON - Revisions were recently entered into a local woman's personal injury lawsuit against J.C. Penney Corp. Inc.

Lillie Bragg filed her first amended petition while the Plano-based retailer edited its first response to the claims arising from Bragg's alleged fall at its Webster branch on June 28, 2011.

Bragg's suit, filed in early January before the Galveston County 10th District Court, explains that an article of clothing and an unlocked rack caused the plaintiff to sustain serious bodily injuries.

She argues the defendant placed the racks "too closely together" and deprived her of 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.

The original petition does not list a monetary figure for damages, but the revised complaint says Bragg seeks $72,500 from the respondent.

J.C. Penney's amended answer states the defendant was incorrectly named in the primary set of court papers and presents the business under its true name.

The respondent is represented by Ebanks Horne Rota Moos LLP.

Case No. 12-cv-0024

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