MARSHALL -- Seeking more than $100,000, Patsy Nan Golightly is suing Wal-Mart after she tripped over an empty wooden pallet and fell.
She claims that she re-injured a previous injury and is now undergoing a third surgery to correct the damage sustained by her trip and fall, court documents say.
Alleging negligence, Golightly and her husband Tom Golightly filed suit against the retailer on Aug. 29, in the Marshall Division of the Eastern District of Texas.
According to the complaint, "a pallet, carelessly left in a position where customers could easily fail to notice it and could trip on it and fall, caused just such an event to occur."
Golightly states that Wal-Mart created a dangerous condition by leaving the empty wooden pallet in the shopping area. Moreover she argues that Wal-Mart should have trained its personnel to inspect or repair dangerous conditions.
The plaintiffs are seeking damages for past and future medical expenses, physical pain, mental anguish, physical impairment, and loss of affection, solace, comfort, society, and assistance.
The plaintiffs are requesting a trial by jury.
Attorney Roland Brown of Jacksonville is representing the plaintiffs.
U.S. District Judge T. John Ward will preside over the litigation.
Case No 2:2008cv00332