TYLER - After tripping and falling in the parking lot, a Lindale woman has filed a lawsuit against a local store claiming the store failed to remove the concrete wheel stops despite the fact they posed as tripping hazards.

Peggy Nicholson filed suit against Fred’s Inc. on Aug. 16 in the Eastern District of Texas, Tyler Division.

Nicholson was attempting to enter defendant’s store to shop and as she traversed the parking lot area, she tripped and fell on a concrete “wheel stop,” which was partially obscured by the shadow of a parked car.

According to Nicholson’s allegations, the wheel stop was not painted and was the same color as the surrounding surface. The wheel stops were originally placed to prevent handicapped persons from pulling into the handicapped sign pole, though the pole had been removed at some point.

The defendant is accused of premises liability and negligence for failing to paint or otherwise mark the wheel stops, despite the tripping hazard.

The plaintiff is seeking an award of damages for medical expenses, disfigurement, physical impairment, pain and suffering, mental anguish, interest, and court costs.

Nicholson is represented by Darren Grant and Matthew B. Flanery of Grant & Flanery P.C. in Tyler.  A jury trial is requested.

Case No. 6:13-cv-00596

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