Woman alleges HEB employee struck her with milk dolly

By David Yates | Apr 16, 2013

While shopping at an HEB Grocery in Port Arthur, a woman claims an employee pushing a large dolly overloaded with milk blindly ran into her.

On April 10 Martha Delvalle filed suit against HEB in Jefferson County District Court, alleging the milk on the dolly was stacked in an unsafe manner.

According to the lawsuit, the incident took place on Sept. 18, 2011.

“The dolly was loaded with crates of milk that were stacked so high it prevented the employee from seeing plaintiff resulting in the injuries and damages complained of herein,” the suit states.

The suit says HEB should have known of the dangers of stacking milk so high on a dolly and failed to eliminate the risk.

Delvalle injured her knee in the incident.

She is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Beaumont attorney Tom Oxford of Waldman Smallwood represents her.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E194-435

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