Wal-Mart sued after Hardin County man trips and falls

A Hardin County man has filed a lawsuit against Wal-Mart claiming that he suffered serious injuries after he slipped and fell.

John Rodney Scott filed a personal injury lawsuit against Wal-Mart Stores Inc. on Nov. 30 in Hardin County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division on Dec. 28.

The incident occurred on Oct. 27, 2010, while Scott was at the Wal-Mart store in Lumberton. Scott states he sustained serious and permanent injuries when he slipped and fell.

The defendant is accused of negligence for:

• Failing to properly inspect and maintain the flooring area in question;

• Failing to maintain the floor in a reasonably safe condition;

• Failing to give adequate and understandable warnings to Scott of the unsafe condition of the flooring area;

• Failing to remove the substance causing the slip and fall;

• Failing the discover and remove the slick substance with a reasonable time; and

• Failing to use the care of a reasonable prudent person under the same or similar circumstances.

The plaintiff is seeking an award of damages for medical expenses, loss of earning capacity, impairment of earnings, physical pain, mental anguish, physical impairment, physical disfigurement, exemplary damages, interest and court costs.

Scott is represented by Paul F. Ferguson, Jr. and Cody A. Dishon of Provost Umphrey Law Firm in Beaumont.

Wal-Mart has responded to the lawsuit by denying the allegations and claims that the lawsuit is time-barred by the applicable two-year statute of limitations.

Wal-Mart also argues that Scott was negligent by failing to keep a proper lookout, failing to take proper evasive action, failing to use ordinary care for his safety and for failing to go around the substance.

A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:12-cv-00607