Grocery shopper alleges permanent disability after slipping in yogurt

Michelle Massey Jul. 16, 2010, 4:56am

A grocery shopper has filed a lawsuit against Winn-Dixie, alleging she is permanently disabled after slipping in yogurt.

Arguing she should have been warned of the dangerous condition that the yogurt presented, Dianne M. Norman filed suit against Winn-Dixie Stores and Winn-Dixie Montgomery July 8 in Orleans Parish District Court.

The alleged slip and fall occurred on July 13, 2009, at the Winn-Dixie store on Chef Menteur Highway.

Norman claims that she was walking when, suddenly and without warning, she slipped on a foreign substance and fell violently to the floor.

"The foreign substance, which upon information and belief appeared to be yogurt that had visible footprints, basket tracks and dirt throughout it," the lawsuit reads.

The defendant is accused of negligence for failing to have proper and safe clean-up procedure of the floor, failing to post warning signs, inadequate and unreasonable clean-up procedures, failing to keep the floor clean, failing to provide a safe passageway, failing to properly maintain the floors in a safe condition and failing to inspect the floor and warn customers about a foreign substance on the floor or warn of the dangerous condition.

Norman is seeking damages for medical expenses, physical pain and suffering, mental anguish, emotional distress, permanent disability and loss of function, loss of enjoyment of life, loss of wages and diminished economic horizons, medical expenses and court costs.

Norman is represented by John J. Finckbeiner, Jr. of Finckbeiner & Robin of Chalmette.

Judge Lloyd J. Medley is assigned to the case.

Case No. 10-7060

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