Winn Dixie customer slips, falls and sues store for failing to properly mop the floor

Michelle Massey Jan. 4, 2011, 2:25am

Winn Dixie is being sued for allegedly failing to properly clean its floors after a customer slipped and fell while an employee was mopping the floor.

Peggy Jarrell filed suit against Winn Dixie Montgomery Inc., Southern Cleaning Services Inc., Mildred Caldwell d/b/a KAP Cleaning Service and Max Specialty Insurance Co. on Sept. 14 in Tangipahoa Parish District Court. The defendant removed the case to federal court in New Orleans on Dec. 17.

The incident occurred on Oct. 15, 2009 as Jarrell was shopping at the Winn Dixie store in Amite. Jarrell states she was walking down one of the store aisles when she slipped and fell. At the time of the slip and fall, a KAP employee was mopping.

Jarrell claims she suffered severe and permanent injuries due to the fall.

The defendants are accused of negligence for creating an unreasonable risk of harm, failing to do what should have been done and see what they should have seen in order to avoid accidents of this type, failing to properly clean or maintain floors to ensure that hazardous conditions do not create a dangerous condition on the floor and for failing to take reasonable steps to remedy the condition.

The plaintiff is seeking damages for pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, disability, medical expenses, loss wages, impairment of earning capacity, interest, court costs and attorney's fees.

Jarrell is represented by Ponchatoula attorney J. Parker Layrisson and Robert L. Campell of Williamson, Fontenot & Campbell in Baton Rouge. Other counsel includes J. Thomas Anderson and Gary N. Boutwell, II of Anderson & Boutwell in Hammond.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:10-cv-04576

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