K-Mart shopper files lawsuit alleging fall in store

Michelle Massey Jul. 12, 2010, 12:15pm

A K-Mart shopper is suing the store after allegedly slipping and falling inside the store.

Janice Fayette filed suit against Sears, Roebuck and Co. and Kmart Corp. May 18 in Jefferson Parish District Court. The defendants removed the case to federal court in New Orleans June 30.

Fayette says she was shopping in the Gretna K-Mart store in June 2009 when she slipped on something on the floor and fell. She says the fall caused severe and disabling injuries.

"K-Mart had knowledge of this unreasonably dangerous condition, yet failed to timely clean the substance from the floor," the complaint reads.

The defendants are accused of negligence for failing to provide a safe premise for guests, allowing a dangerous condition to exist for an unreasonable length of time, failing to make timely repairs and maintenance, failing to remedy a hazardous condition, failing to warn its guests of an unsafe condition and failing to make sure there were not any guests in the path of moving furniture and failing to have a look out to make sure no one was walking where employees were moving.

The plaintiff is seeking damages for physical pain and suffering, mental pain and suffering, medical expenses, loss of earnings, loss of earning capacity, permanent disability to the body, loss of consortium, plus interest, attorney fees and court costs.

The defendants deny Fayette's allegations.

Fayette is represented by New Orleans attorney Richard P. Voorbies, III.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:10cv01878

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