Fallng frames leads to suit

By Marilyn Tennissen | Apr 12, 2007

A local woman hit by falling frames hopes a store will get the picture from a personal injury lawsuit.

Wyntress Marcell filed the suit against Kirkland's Stores Inc. on April 9 in Jefferson County District Court.

According to Marcell's original petition, she was browsing for picture frames at the Kirkland's store in Parkdale Mall on June 30, 2006, "when another customer was looking at some pictures on the other side when the displayed pictures fell from the opposite side to her head, hand and back."

The plaintiff says Kirkland's was negligent because it should have known that "a degree of risk existed" but made "no effort to inform plaintiff of the dangerous condition."

The defendant failed to properly stack the pictures and created a danger because the pictures were stacked to high, the petition said.

Marcell is seeking damagesfor severe physical pain and suffering in the past and probably the future, physical disability, severe physical impairment, mental anguish, medical expenses, loss of wages and earning capacity.

Timothy Sawyer of Lindsay & Morgan in Beaumont is representing the plaintiff. She is demanding a trial by jury.

The case has been assigned to Judge Milton Shuffield in the 136th District Court.

Case No. D179-087

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