Whole Foods sued by couple over trip on greenery

Alejandro de los Rios May 31, 2011, 10:26am

A Tensas Parish couple is suing Whole Foods Marict Inc. claiming the supermarket chain is liable for injuries the wife sustained after falling "on a piece of produce and/or greenery" inside a New Orleans store.

New Orleans attorney Deirdre Fuller filed the petition for damages on behalf of Clarence and Delores Murphy on May 25 in Orleans Parish Civil District Court.

The suit claims Delores Murphy suffered injuries "to her left knee, left leg, left hip, left foot, right arm and lumbar spine."

Past and future physical and mental pain and suffering, permanent disability and loss of enjoyment of life are among the listed damages in the suit.

Clarence Murphy "has suffered a loss of service, support and society" due to his wife's injuries, the suit claims.

Whole Foods is liable for a defective premises, failing to "train employees on proper cleanup procedures" and not removing debris, among other charges.

Gallagher Basset Services Inc. is also listed as a defendant and is liable for the same charges as Whole Foods, according to the suit.

The petition for damages does not indicate Gallagher's relationship with Whole Foods or the petitioner.

An anonymous Whole Foods employees is also named as a defendant for failing to cleanup the area where the plaintiff was injured.

Orleans Parish Judge Herbert Cade has been assigned this case.

Orleans Parish Case 2011-5535

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