Winn-Dixie shopper sues after shopping cart flips over

Michelle Keahey Aug. 31, 2011, 11:18am


A Winn-Dixie shopper is suing the store for negligence after she was injured when her shopping cart hit a hole in the parking lot and flipped over.

Marilyn Thonn and Jacob Thonn filed suit against MLH Realty, Winn-Dixie of Louisiana Inc. and Winn-Dixie Montgomery d/b/a Winn-Dixie Store No. 1504 d/b/a Winn-Dixie and XYZ Insurance Co. on Aug. 25 in federal court in New Orleans.

The incident occurred on Sept. 15, 2010 as Marilyn Thonn was shopping in the Winn Dixie store in Slidell. She states she had just finished shopping in the store and was pushing her cart to her car in the parking lot, when the wheel of the cart hit a pavement hole causing the cart to flip over. Thonn fell onto the cart and then the pavement, suffering injuries to her knee, hip and back, the suit claims.

The defendants are accused of creating an unreasonably dangerous condition in the parking lot by failing to use reasonable care or ordinary care under the circumstances, negligently allowing the parking lot to become and remain hazardous, negligently leaving holes and a dangerous situation to exist, failing to barricade off the area where the hole existed, failing to properly inspect the premises, failing to warn customers of the hole and failing to properly maintain the premises.

Thonn is seeking damages for mental anguish and distress, physical pain and suffering, medical bills, permanent impairment, loss of enjoyment of life, loss of consortium, loss of services and loss of society, interest and court costs.

The plaintiffs are represented by Edward A. Shamis Jr. in Slidell and Kevin P. Riche and John D. Sileo in New Orleans.

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

Case No. 2:11-cv-02123

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