LUFKIN – While shopping at Kroger's grocery store in Nacogdoches, Abigail Dempsey says she slipped and fell on a puddle of water that had accumulated on the floor and severely injured her neck and shoulder.
Claiming the water on the floor constituted a dangerous condition, Dempsey is seeking more than $75,000 from the Kroger Co. in a lawsuit filed Dec. 10 in the Lufkin Division of the Eastern District of Texas.
On May 27, Dempsey states she slipped in water that was dripping from the ceiling and accumulating on the floor inside the store. She states there were no signs posted that warned of the water on the floor.
According to the lawsuit, "Plaintiff was keeping a proper lookout and was not aware of the presence of the water on the floor prior to this incident."
Dempsey states that Kroger should have "known of the presence of this dangerous condition on the floor prior to this incident." She argues that Kroger should have placed adequate warning signs or cleaned the water from the floor.
The plaintiff believes Kroger is negligent for failing to train and supervise its employees regarding conditions in the store, failing to conduct adequate inspections of the store and failing to warn of the dangerous condition that the water presented to the plaintiff.
She is seeking damages for "great physical and mental pain and anguish," physical impairment, physical pain and suffering, mental anguish, medical expenses, loss of household services, pre and post judgment interest
Lufkin attorney Kirk Mathis of the law firm Chandler, Mathis and Zivley is representing the plaintiff in her allegations.
U.S. District Judge Ron Clark will preside over the litigation.
Case No 9:09cv00206