Construction worker seeks $1M from Target after falling down stairway

Michelle Keahey, East Texas Bureau Apr. 8, 2013, 3:25pm

SHERMAN - A construction worker is seeking $1 million in a premises liability lawsuit against Target for injuries suffered after his pant leg became caught on electrical box and he fell down a stairway. 

Jimmy D. Johnson filed suit against Target Corp. on July 26 in Collin County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on March 29.

The incident occurred on Aug. 25, 2010, while Johnson was working for Source Refrigeration and HVAC performing construction activities at a Target store located in Plano.

During the construction, Johnson was on the roof of the building and was exiting the roof by attempting to walk down a stairway/ladder. As he attempted to step down from the roof to the first step on the stairway/ladder, his pant leg became caught on a metal electrical box, which caused him to lose his balance and fall down the stairway, according to the lawsuit.

The defendant is accused of premises liability and negligence for breaching its duty of ordinary care by failing to adequately warn Johnson of the dangerous condition presented by the metal electrical box mounted on the top of the stairway/ladder in the direct path of travel for individuals using the stairway and for failing to inspect and make the dangerous condition reasonably safe.

The plaintiff is seeking an award of $1 million in damages for medical bill and expenses, pain and suffering, physical impairment, mental anguish, loss of earnings, loss of earning capacity, punitive damages, interest and court costs.

Johnson is represented by Plano attorney Sheadyn R. Rogers.

A jury trial is requested.

Case No. 4:13-cv-00182

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