Family Dollar obtains continuance is suit over falling merchandise
A local judge has granted Family Dollar Stores of Texas' motion for continuance in a personal injury lawsuit.
As previously reported, Mary Jane Walters filed suit against Family Dollar on Jan. 12, 2011, in Jefferson County District Court, claiming falling merchandise forced her to take evasive action and twist her ankle.
Court records show the case was set for court ordered motion on April 10.
However, on April 5 Family Dollar filed a motion for continuance, stating it needed time to take the deposition of a store employee and prepare for a hearing.
A court official told the Southeast Texas Record that Judge Bob Wortham verbally granted the motion on April 10.
The lawsuit alleges that on Sept. 11, 2009, Walters was shopping at the Family Dollar on 11th Street in Beaumont when a box of merchandise tumbled from a shelf and fell on her.
In the midst of trying to dodge "picture frames and other items," Walters twisted her knees and right ankle, the suit states.
Instead of offering her assistance, Walters alleges a store employee told her she "was lucky that she didn't get hit by the big mirror back there" and that "merchandise was always falling from that area of the store," the suit states.
Walters was already recovering from ankle surgery at the time of the incident.
She alleges Family Dollar negligently failed to inspect and maintain its premises and warn shoppers of the dangerous condition.
Walters is suing the company for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.
The Law Offices of Gilbert T. Adams in Beaumont represents her.
Attorneys Zach Mayer, Robin R. Gant and Joshua M. Sandler of the Dallas law firm Kane Russell Coleman & Logan represent Family Dollar.
Case No. E189-146