Family Dollar settles suit over falling merchandise

Following nearly two years of litigation, Family Dollar Stores of Texas has settled a personal injury lawsuit.

As previously reported, Mary Jane Walters filed suit against Family Dollar on Jan. 12, 2011, in Jefferson County District Court, claiming falling merchandise forced her to take evasive action and twist her ankle.

On Oct. 12 Walters filed a notice of dismissal with prejudice, stating she hereby dismisses all of her claims against Family Dollar, court records show.

District Judge Bob Wortham, who presided over the litigation, told the Southeast Texas Record that the parties reached a confidential settlement and that the litigation was not frivolous.

The Law Offices of Gilbert T. Adams in Beaumont did not return phone calls seeking comment on the case and settlement.

The lawsuit alleges that on Sept. 11, 2009, Walters was shopping at the Family Dollar on 11th Street in Beaumont when a box of merchandise tumbled from a shelf and fell on her.

In the midst of trying to dodge “picture frames and other items,” Walters twisted her knees and right ankle, the suit states.

Instead of offering her assistance, Walters alleges a store employee told her she “was lucky that she didn’t get hit by the big mirror back there” and that “merchandise was always falling from that area of the store,” the suit states.

Walters was already recovering from ankle surgery at the time of the incident.

She alleged Family Dollar negligently failed to inspect and maintain its premises and warn shoppers of the dangerous condition.

Walters was suing the company for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Attorneys Zach Mayer, Robin R. Gant and Joshua M. Sandler of the Dallas law firm Kane Russell Coleman & Logan represent Family Dollar.

Case No. E189-146