SHERMAN--While carrying a large bag of dog food through a Plano PETCO store on March 30, 2008, Matthew Wadsworth slipped and fell in what he claims was a high volume of water that had accumulated on the concrete floor.
Wadsworth attempted to break his fall by putting out his arm, but that caused him to jam his wrist and shoulder as he hit the floor.
He states his injuries have worsened over time and are hindering his ability to pursue activities such as golf and bow hunting.
Accusing the Plano store of negligence, Wadsworth filed a personal injury lawsuit against PETCO Animal Supply Stores Inc. on March 29, 2010 in the District Court of Collin County. The defendants removed the case to the Eastern District of Texas, Sherman Division.
The plaintiff states that another customer saw the slip-and-fall incident and requested a store employee to call the paramedics. The paramedics did not transport Wadsworth to the hospital but did recommend that he should follow-up with this primary care physician group, according to the complaint.
As time passed, Wadsworth claims the pain of his injuries worsened, and he underwent physical therapy treatment before agreeing to a surgery. Although surgery is completed and physical therapy is ongoing, Wadsworth states he still suffers from his injuries.
Wadsworth argues PETCO should have known of the condition of its premises and notified consumers of the dangerous condition. Further, Wadsworth accuses PETCO of negligently maintaining the store and failing to act as a reasonably prudent person would have under the same or similar circumstances.
The plaintiff is seeking damages for pain and suffering, mental anguish, physical disfigurement, physical impairment, medical expenses, loss of past earning capacity, loss of future earning capacity, loss of consortium, loss of household services, interest and court costs.
Dallas attorney Mark Moran of Munck Carter LLP is assigned to the case. A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the litigation.
Case No. 4:10-cv-00233