Wal-Mart shopper seeks more than $50,000 after tripping in parking lot

Michelle Massey Apr. 5, 2011, 6:33am

A woman is suing Wal-Mart for $50,000 in damages after she tripped over metal rods in the parking lot and fell.

Mary Kathleen Roark filed suit against Wal-Mart Stores Inc. on March 1 in St. Bernard Parish District Court. The defendant removed the case to federal court in New Orleans on April 1.

The alleged accident occurred on March 4, 2010 as Roark was shopping at the Wal-Mart store in Chalmette. She states she was walking in the parking lot when her foot struck metal pieces that were protruding from the pavement. She claims she fell and suffered injuries to her hands, face, right knee and is suffering from neck and back pain.

Wal-Mart is accused of negligence for creating and causing a dangerous condition, failing to use reasonable care, failing to exercise reasonable and ordinary care under the circumstances, negligently leaving the raised rod on its premises, allowing this dangerous condition to go unnoticed by its employees, failing to adequately warn and failing to properly inspect the property.

The plaintiff is seeking damages for pain and suffering, mental anguish and distress, medical expenses, lost wages, loss of earning capacity, disability, loss of enjoyment of life, interest and court costs.

Roark is represented by Metairie attorney Leonard J. Cline.

U.S. District Judge Eldon E. Fallon is assigned to the case.

Case No. 2:11-cv-00701

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