Default judgment granted in trip-and-fall case against Albertson's

By Michelle Massey, East Texas Bureau | Mar 19, 2008

TEXARKANA, Ark. -- While shopping at a Texarkana Albertson's a few days before Christmas in 2003, Gloria West tripped over a mat and fell. She states the fall caused her to fracture her left hip.

Federal Court Judge Harry F. Barnes granted a default judgment against defendant Lebor Holdings Inc. for failure to answer or defend. Unliquidated damages against the defendant will be determined at a trial scheduled for April 21, 2008.

West filed the original suit in the Texarkana Division of the Western District of Arkansas on Dec 19, 2006, against New Albertson's Inc, Albertson's LLC, Supervalu Inc., Albertson's Holdings LLC, LMDC, LLC and Lebor Holdings Ltd.

The plaintiff asserts the defendants had a duty to use ordinary care but were negligent "in failing to keep the premises and approaches of the store in question safe for invitees such as Plaintiff."

According to the original complaint, West is seeking more than $75,000 in damages for bodily injury, mental and emotional pain and suffering, diminished enjoyment of life, permanent disability, medical bills, attorney fees and court costs.

Within the responses to the complaint, defendants assert West's own negligence caused her injuries. Further, the defendants state that there was no breach of the duty owed to the plaintiff and that if an unavoidable accident occurred because of an alleged dangerous condition, that condition was open and obvious.

Attorney David R. Hughes from the Atlanta, Ga., law firm Lawson, Davis, Pickren and Seydel L.L.P is representing the plaintiff in her allegations.

Both parties have requested a trial by jury.

Case No.: 4:06cv4118

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