Family files lawsuit after child slips and falls at Winn-Dixie store

Michelle Massey Sep. 20, 2010, 6:23am

A Jefferson Parish couple has filed suit against Winn-Dixie after their child allegedly slipped in muddy water on the floor of the store and fell.

Seeking more than $3 million in damages, April and Ronald Francis, individually and on behalf of their child filed suit against Winn-Dixie Montgomery Sept. 10 in federal court in New Orleans.

The alleged incident happened Aug. 29, as April Francis and her 8-year-old daughter were shopping at the Winn-Dixie on LaPalco Boulevard in Harvey.

The store is accused of negligence for creating and allowing a hazardous condition to exist, failing to provide adequate safety measures, warnings, training, policies, plans or procedures to protect or prevent patrons from the hazardous condition, failing to remedy the hazardous condition and for allowing patrons to come into areas that were unsafe.

The Francises are asking the court to issue a temporary restraining order to keep the defendant from erasing, deleting or destroying video surveillance of the fall.

They claim Winn-Dixie conducted an investigation into this accident while the child, who was having seizures, was rushing to the hospital by ambulance.

The couple is seeking damages for the minor's injuries to her head, brain and central nervous system, mental and physical pain and suffering, loss of enjoyment of life, disruption of personal relationships, mood changes, fear and frustration, increased susceptibility to future illness and disease, medical costs, lost wages and earning capacity, interest and court costs.

They are represented by J. Price McNamara in Baton Rouge. A jury trial is requested.

Case No. 2:10cv03015

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