A woman is suing for more than $1 million in damages after sustaining injury in a fall at the Kroger store on Seawall Boulevard in Galveston, TX.
Lynn Heather Donovan filed suit Aug. 21 against Airgas USA, L.L.C. doing business as Airgas and Kroger Texas, L.P. in the 10th District Court of Galveston County.
The filing says that on or about Sept. 22, 2022, “Donovan was crossing the interior walkway from one entrance/exit door to the alternative entrance/exit door with the intention of heading to the parking lot. When she was at or near the dry ice cooler, she unexpectedly and violently slipped and fell to the floor. The fall was caused by liquid on the floor immediately adjacent to the dry ice cooler.”
The filing adds, “As a result of the incident, Plaintiff suffered painful, severe and permanent injuries that resulted in hospitalization, surgery, rehabilitation and permanent disfigurement and impairment.”
The complaint alleges Airgas committed negligence in failing to properly, maintain, inspect, repair and stock the dry ice cooler and its contents; and that it created the liquid condition on the floor and failed to remedy it.
The complaint alleges that Kroger, as owner of the premises, had a duty to ensure its walkways were kept in safe order and to warn customers of hazards.
The plaintiff is asking for damages in excess of $1 million for past and future pain and anguish; medical expenses; loss of wages; loss of wage earning capacity; physical impairment; and disfigurement. She also seeks interest, court costs all other just relief.
The plaintiff is being represented by James D. Nebout of Burwell Nebout Trial Lawyers of League City, TX.