John Suayan, Galveston Bureau Sep. 10, 2012, 2:17pm

GALVESTON - Santa Fe local Shawn Rosson has filed suit against Baywood Foods after he allegedly fell at its Hitchcock store.

Recent court papers filed Sept. 7 in Galveston County District Court show the incident in question occurred on Sept. 8, 2010, when Rosson walked through the store and tripped on a raised circular metal rim on the floor.

According to the suit, the condition of the floor was "extremely dangerous."

"Baywood Foods negligently allowed the floor to become dangerous, negligently or willfully permitted such condition to exist, and negligently or willfully failed to warn Rosson of the condition of the floor despite the fact the defendant knew or, in the exercise of ordinary care, should have known the existence of the condition and the likelihood of someone being injured as happened to Rosson," the original petition states.

The respondent is additionally faulted for:

  • Failing to put out warning cones or other devices to alert patrons;

  • Failing to have someone monitor and warn customers; and

  • Failing to provide Rosson a safe place to shop.

Rosson consequently sues for physical pain and "severe" mental anguish, medical expenses and lost earnings and seeks a jury trial.

Attorney Roger L. Merrill with Merrill & Associates in Houston is representing the complainant, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 12-cv-1943

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