Winn Dixie customer Marbra Rixner claims she slipped and fell at a LaPlace store after failing to notice a wet floor beneath her.
Rixner claims she examined the floor after her fall and noticed a slippery substance that appeared to be water or soap.
Claiming the wet floor posed an unreasonable risk of harm, Rixner filed a personal injury lawsuit against Winn Dixie Montgomery, Inc. and Southern Cleaning Services, Inc. on March 23 in the 40th Judicial District Court for the Parish of St. John the Baptist. Defendant Southern Cleaning Service was hired by Winn Dixie to clean and maintain the area where the accident occurred. The defendants removed the case to federal court in the Eastern District of Louisiana on April 23.
The plaintiff claims the defendants are negligent or at fault for creating an unreasonable risk of harm, in that their failure to properly clean or maintain their floors created a hazardous condition which they failed to notice and take reasonable steps to remedy. Rixner claims she suffered severe and permanent physical injuries, including injuries to her back and neck. She is seeking damages for pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, disability, medical expenses, loss of wages, impairment of earning capacity, interest and court costs.
Attorney J. Parker Layrisson of Layrisson Law Firm of Ponchatoula and attorney Robb L. Campbell of Williams, Fontenot & Campbell, L.L.C. of Baton Rouge are representing Rixner.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No 2:10cv011777