Woman claims miscarriage caused by fall at Wal-Mart

Michelle Keahey, East Texas Bureau Aug. 27, 2012, 7:32am


A Port Arthur woman has filed a lawsuit against a store which claims she suffered a miscarriage when she slipped and fell in water that was leaking from the store's ceiling.

Maria Mendoza filed suit against Wal-Mart Stores Inc. on July 11 in Jefferson County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on Aug. 15.

The incident occurred on Aug. 14, 2010, as Mendoza was shopping at the Wal-Mart store located in Port Arthur. She claims she was injured when she slipped in water that was leaking from the ceiling.

"It was clear that the ceiling had been leaking and it was also clear that Defendant Wal-Mart, should have placed 'wet floor' signs in the area," the lawsuit states.

According to the lawsuit, Mendoza was pregnant at the time of the incident and suffered a miscarriage from the fall.

Wal-Mart is accused of negligence for failing to protect and safeguard Mendoza from unreasonably dangerous conditions on the premises or to warn of their existence.

Mendoza is seeking an award of damages for medical expenses, loss of earnings and earning capacity, physical impairment, physical pain, mental anguish, interest, and court costs.

The plaintiff is represented by Beaumont attorneys Jonathan C. Juhan and J.J. Bragg.

Wal-Mart responded to the lawsuit by denying all allegations.

U.S. District Judge Thad Heartfield is assigned to the case.

Case No. 1:12-cv-00401

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