While shopping for new boots at Academy, Thomas Hall tripped over a metal shoe shelf. Hall is suing the sports retailer, claiming Academy had a duty to warn shoppers of the dangerous condition and barricade the hazardous aisle.
Hoping to recover exemplary damages for Academy Sports & Outdoors alleged negligence and malicious conduct, Hall filed his suit in the Jefferson County District Court on March 10.
According to the Hall's petition, on March 24, 2006, nearly two years ago, he was shopping for boots at the Beaumont Academy when he was "seriously injured as a result of a dangerous condition Ã¯Â¿Â½ of metal shelving being improperly placed upon the floor in Defendant's premises."
"Defendant's employees and managers were aware of this condition and did not Ã¯Â¿Â½ remove (it)," the suit said, adding that Academy failed "to make sure that the areas in which he was walking was free and clear of obstructions."
The suit continues by saying Academy should have barricaded the aisle to prevent injury to wandering shoppers and warn them that metal shoe shelves were on the ground.
"Academy Ã¯Â¿Â½ proceeded with conscious indifference to the rights, safety, or welfare of Hall and others," the suit said. "Therefore, for such malice Ã¯Â¿Â½ Hall sues for exemplary damages."
Hall is also suing for past and future medical expenses, mental anguish, impairment, disfigurement and lost wages.
He is represented by Beaumont attorney Mark Faggard.
Judge Donald Floyd, 172nd District Court, has been assigned to the case.
Case No. E181-408