MARSHALL -- Amy Rainwater was shopping in a Henderson, Texas, Wal-Mart in January when she slipped in a small puddle of wax and fell. Rainwater believes Wal-Mart negligently left the wax on the floor causing the fall which aggravated a pre-existing injury.
Rainwater filed suit against Wal-Mart on March 26 in the Marshall court of the Eastern District of Texas.
She alleges that Wal-Mart is solely responsible for the incident, arguing Wal-Mart was negligent in failing to use ordinary care in the "planning, preparation, and presentation of its floor areas and failed to remediate the dangerous condition."
The suit also alleges that Wal-Mart created an "unreasonably dangerous condition" by leaving wax on the floor, failing to inspect the floor for wax, failing to remove the wax, and failing to warn the plaintiff of the dangerousness of a waxed floor.
The suit seeks "far in excess" of $75,000 in damages for medical care, lost work time, lost ability to do household services, physical impairment, mental anguish, loss in earning capacity, pain and suffering.
Henderson attorney Allison Biggs is representing the plaintiff and requesting a jury trial.
Judge David Folsom has referred the case to Magistrate Judge Charles Everingham.
Case No. 2:08cv00136