Shopper's suit says Wal-Mart failed to prevent ceiling leak at Woodlands store

John Suayan, Galveston Bureau Nov. 18, 2013, 11:10am

HOUSTON - Conroe resident Antonia R. Bonilla is suing Wal-Mart Stores Inc. after she slipped and fell on a puddle of water at its store in The Woodlands, recent court papers say.

Bonilla initiated legal action in Montgomery County District Court, but the case was removed to the Houston Division of the Southern District of Texas on Nov. 15.

The lawsuit shows the plaintiff was shopping at the business in question on Oct. 9, 2011, when the incident occurred, saying it happened in the bedding section.

According to the suit, Bonilla sustained injuries when she stepped on the aforementioned puddle that was "located in the middle of the aisle."

After the fall, the suit says, she noticed "water was leaking from the ceiling area onto the floor where she fell."

It further explains that a fellow shopper who helped the complainant also saw the source of the leak, adding images of the spot reveal the words "roof leak."

Bonilla's husband subsequently took the plaintiff to St. Luke's Hospital for medical treatment.

Wal-Mart is accused of:

  • Failing to properly maintain the ceiling area;

  • Failing to properly inspect and maintain the flooring area in question to discover the dangerous condition;

  • Failing to maintain the floor in a reasonably safe condition; and

  • Failing to give adequate and understandable warnings to the plaintiff.

A jury trial is requested.

Attorney David L. Holmes of Simmons & Holmes Law Firm PC in Houston is representing Bonilla.

Case No. 4:13-CV-3377

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