SHERMAN - A Denton County woman has filed a lawsuit against a RaceTrac gas station and convenience store claiming she suffered injuries when she slipped and fell due to oil in the parking lot.
Collette Phelps filed suit against RaceTrac Petroleum Inc. and Stephanie Brinkley on Nov. 13 in Denton County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Dec. 19.
Phelps claims she was injured on Nov. 16, 2011, as she was walking back to her vehicle from inside the store. According to the lawsuit, she slipped and fell due to oil in the parking lot. Phelps sustained severe injuries in the incident, she claims.
The defendants are accused of negligence for:
• Failing to properly maintain the property in and out of the store so that there were not areas of oil and/or grease;
• Failing to properly train its employees and/or contractors in properly maintaining and/or cleaning the facilities;
• Failing to properly supervise its employees and/or contractors in performing their duties; and
• Failing to warn Phelps of the dangerous conditions.
The plaintiff is seeking an award of damages for medical expenses, physical and mental pain and suffering, mental anguish, loss of enjoyment of life, disabling injuries, physical impairment, loss of earnings, interest and court costs.
Phelps is represented by Steve Sanderfer of Modjarrad & Abusaad Law Firm in Richardson.
Case No. 4:13-cv-00753