BEAUMONT – A bedspread placed in an aisle of a Kohl’s Department Store nearly two years ago “posed an unreasonable risk of harm” to shoppers, according to a recently filed lawsuit.
Seeking at least $200,000 in damages, Rita Wells, a Hardin County resident, filed suit against Kohl’s and Leslie McCain, the manager at the time, on Nov. 21 in Jefferson County District Court.
According to the lawsuit, On Dec. 10, 2015, Wells suffered “serious personal injuries” at the Kohl’s on Dowlen Road in Beaumont.
The suit alleges the retailer and its employees were “negligent in not noticing and removing a bedspread placed in the aisle,” creating “a dangerous condition” that “Kohl’s employees knew or should have known posed and unreasonable risk of harm” to Wells.
“Defendants… were also negligent in failing to adequately warn Wells of the dangerous condition,” the suit states, adding that the employees were “actively negligent in creating and designing the dangerous condition.”
Wells claims she fell in the aisle and had to have total knee replacement surgery.
She is suing for her past and future pain, mental anguish, impairment, disfigurement and medical expenses.
The Law Offices of Craig Muessig in Baytown represent her.
Judge Justin Sanderson, 60th District Court, is assigned to the case.
Case No. B-200974