Walmart sued in trip and fall of woman, granddaughter

NEW ORLEANS – A local woman is suing Walmart after she tripped and fell in a parking lot while carrying her granddaughter.

Tyese Cook, individually and on behalf of the minor child, filed suit against Walmart Stores Inc. in the Orleans Parish Civil District Court.

Tyese Cook claims that while carrying her granddaughter in the Walmart parking lot on Dec. 8, 2012  she stepped into a two inch hole which caused her to fall, injuring herself and causing injuries to her granddaughter.

The plaintiff alleges that Walmart had knowledge of the defect before the incident.

Cook asserts she sustained severe and painful injuries, specifically to the right side of her body, including her right shoulder, right wrist, right arm as well as her neck and lower back. The suit asserts that Warren also sustained severe and painful personal injuries.

The defendant is accused of acts of negligence including failure to maintain premises and surroundings in a safe conditions.

An unspecified amount in damages is sought for physical and mental pain and suffering, medical bills and loss of enjoyment of life.

Cook is represented by New Orleans-area attorney Allan Berger.

Walmart answered the allegations on Jan. 17 saying that no defect was present and no incident could be proved to have taken place but were it to have occurred any injuries were the responsibility of Cook for failing to watch where she was going and for falling off of or out of her shoe.

Walmart requests a trial by jury and dismissal of lawsuit at plaintiff’s cost.

The case has been assigned to Division C Judge Sidney H. Cates IV.

Case no. 2013-11298.