Sears sued after customer trips over power outlet

Michelle Keahey, East Texas Bureau Apr. 23, 2012, 12:22pm

Flint and Soyars

TEXARKANA - A Cass County woman has filed a personal injury lawsuit against Sears after she tripped over a power outlet and fell.

Sallie A. Kissel filed suit against Sears, Roebuck and Co. on April 17 in the Eastern District of Texas, Texarkana Division.

The incident occurred on Dec. 2, 2010, as Kissel was Christmas shopping at the Central Mall in Texarkana. She claims that she tripped over a power outlet that was protruding from the floor which caused her to fall.

The defendant is accused of having constructive knowledge of the condition and that the condition posed an unreasonable risk of harm.

Sears is accused of negligence for failing to discover and remove the protruding power outlets within a reasonable time and for failing to warn Kissel of the unsafe condition.

The plaintiff is seeking damages for medical expenses, physical pain and suffering, mental anguish, physical impairment, interest, and court costs.

Kissel is represented by Bruce A. Flint and Matthew Q. Soyars of Flint & Soyars P.C. in Texarkana. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 5:12-cv-00037

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