While shopping at Kirkland's -- a store specializing in area rugs and other home decor -- Waneta Clark tripped over a rolled up rug and now claims the store failed to warn her of the dangerous condition. Failing to properly maintain premises;
Seeking exemplary damages for Kirkland's Stores' alleged negligence, Clark's filed her suit in the Jefferson County District Court on Feb. 4.
According to the plaintiff's petition, on March 21, 2006, Clark was injured while visiting the Kirkland's store in Parkdale Mall when she "tripped over rolled up rug that was located in a walkway."
"While upon Defendant's premises, Plaintiff suffered serious injuries as a direct result of an accident proximately caused by a dangerous condition on the premises," the suit said. "Plaintiff would show that Defendant should have known of such condition and that Defendant's negligence in failing to remedy such situation caused or contributed to Plaintiffs injuries."
The suit continues by alleging Kirkland's committed the following acts of negligence:
Failing to warn Plaintiff of a dangerous condition;
Failing to correct a dangerous condition;
And failing to properly supervise the premises.
"Plaintiff would further show that as a proximate cause of the Defendant's negligence, Plaintiff has undergone medical treatment and is still undergoing medical treatment," the suit said. "Therefore, Plaintiff has incurred reasonable and customary medical expenses for necessary medical treatment."
In addition to medical expenses and exemplary damages, Clark is suing for past and future mental anguish, impairment, lost wages and disfigurement.
She is represented by Provost Umphrey attorney Matthew Matheny.
Judge Donald Floyd, 172nd Judicial District, has been assigned to the case.
Case No. E181-170