Injured woman's lawsuit says Wal-Mart did not take care of rain-slicked floor

John Suayan, Galveston Bureau Sep. 20, 2013, 3:07pm

HOUSTON - A Fort Bend County woman's visit to a Wal-Mart in Wharton resulted in a slip-and-fall, recent court documents say.

Beasley resident Monica Montalbo sued Wal-Mart Stores Inc. in Wharton County District Court on Aug. 14. It was transferred to the Houston Division of the Southern District of Texas on Sept. 16.

Montalbo says it was raining the day she went to the defendant's store, alleging she hurt herself when she slipped and fell because of the wet floor near the entrance.

According to the plaintiff, the business failed to place a sign warning customers.

"Wal-Mart Stores Inc. negligently permitted the floor to become wet and slippery, negligently or willfully allowed such condition to continue and negligently or willfully failed to warn the plaintiff of the condition on the floor," the suit says.

"This condition existed despite the fact that the defendant Wal-Mart Stores Inc. knew or should have known of the existence of the aforementioned condition and that there was likelihood of a person being injured as occurred to the plaintiff."

The respondent is additionally faulted for failing to discover and remove the dangerous condition by mopping the area.

Consequently, Montalbo seeks $100,000 in damages and a jury trial.

Attorney Boma O. Allison of the Law Offices of Boma Allison & Associates PLLC in Houston is representing the claimant.

Case No. 4:13-CV-2718

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