Slip-and-fall incident at Albertson's blamed on freshly waxed floor

Michelle Keahey, East Texas Bureau Sep. 6, 2013, 1:22pm

MARSHALL - After slipping and falling, an Albertson’s employee has filed a lawsuit against the company responsible for waxing the store’s floor.

Waymonn Berryhill filed suit against Kellermeyer Bergensons Services on Sept. 3 in the Eastern District of Texas, Marshall Division. 

Berryhill was working as a scanning coordinator with Albertson's at its store located in Longview. The accident occurred on Dec. 19, 2012, as Berryhill walked toward the front of the store and slipped and fell in fresh wax. According to the lawsuit, Berryhill suffered serious injuries to his right arm and body.

Berryhill claims employees worked in an unsafe area because of the defendant’s neglect of properly sectioning off the floor.

The defendant was accused of negligence for failing to provide a safe work area, failing to properly maintain the work area, failing to properly train and oversee employees charged with operating the equipment, failing to properly warn individuals of the dangerous conditions, and for failing to properly safe guard individuals from the dangerous conditions.

The plaintiff is seeking an award of damages for physical pain, mental anguish, medical expenses, physical impairment, lost earnings, interest, and court costs.

Berryhill is represented by Marc C. Mayfield of Mayfield Weedon LLP in Longview. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00688

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