Lowe's shopper trips on ladder display, sues

Michelle Keahey May 16, 2011, 4:14am


Myra Deliberto filed suit against Lowe's Home Centers Inc. on May 27, 2010 in Tangipahoa Parish District Court over injuries she claims to have sustained after tripping over a ladder display. The defendant removed the case to federal court in New Orleans on May 10.

The accident which resulted in neck and back injuries occurred on Aug. 1, 2009 as Deliberto was walking down one of the store aisles, the suit claims.

The defendant is accused of negligence for creating an unreasonable risk of harm, failing to properly clean or maintain the floor or displays to ensure that hazardous conditions do not create a dangerous condition, having actual or constructive notice of the dangerous condition on the floor and failing to take steps to remedy the condition.

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

She is represented by J. Parker Layrisson of Ponchatoula, and others.

A jury trial is requested.

U.S. District Judge Lance M. Africk is assigned to the case.

Case No. 2:11-cv-01104

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