While searching a Hobby Lobby shelf for American flags two years ago, Carolyn Clapp, 73, tripped and fell and “was unable to get up.”

On April 9 Clapp filed suit against Hobby Lobby Stories in the U.S. District Court for Southern Texas, Houston Division, alleging the company created an unreasonably dangerous condition on its premises.

In her suit, Clapp says that on April 15, 2013, she went to the Humble Hobby Lobby to purchase American flags to use for centerpiece decorations at her 55th high school reunion and flowers to place on her parents’ graves.

“While searching the shelves for the American flags, Plaintiff tripped and fell over a empty wooden pallet that Hobby Lobby had left unmarked and unguarded in the aisle,” the suit states. “The pallet was on the floor making it inconspicuous to Plaintiff. Plaintiff was unable to get up, and called for help.”

Store employees assisted Clapp into a chair. After sitting for a while, she purchased the flags and flowers and drove home. A lingering pain in her shoulder eventually led to her having surgery in November 2013.

Clapp alleges Hobby Lobby should have known about the dangerous condition and kept its premises clear of tripping hazards.

She is suing for compensatory damages in the amount of $125,000, plus interest and court costs.

Houston attorney Thomas Brown represents her.

Case No. 4:15-cv-00929

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