Local woman runs into protruding rack, sues Wal-Mart

John Suayan, Galveston Bureau Nov. 21, 2013, 1:05pm

GALVESTON - A local woman claims she was hurt trying to leave a Wal-Mart in Galveston last July and is pursuing legal action.

Court papers filed against Wal-Mart Stores Texas LLC in Galveston County District Court on Nov. 18 show Peggy Flores sustained injuries at the business's exit.

According to the suit, Flores "ran into a rack that was protruding in the doorway."

She asserts the subject event injured her nose, eyes, neck and general body.

The original petition alleges Wal-Mart "knew or reasonably should have known of the dangerous conditions existing before the plaintiff was injured," but failed to warn or notify her.

"The plaintiff's injury was the result of the defendant's ongoing negligent activity on the premises at the time of the injury, not a condition of the premises," it says.

"An example of the defendant's negligent activity would be their failure to properly mark and store racks."

Consequently, Flores seeks unspecified monetary damages.

Attorney Wes Klinger of Wes Klinger Law Office PLLC in Beach City is representing the complainant, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the litigation.

Case No. 13-CV-1456

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