Mother sued after son allegedly drops grocery bag containing olive oil

Michelle Keahey Oct. 24, 2011, 3:18am

A woman whose son dropped a grocery bag causing an olive oil bottle break at a Winn-Dixie grocery story is being sued by a customer who slipped on the spill.

Chandell Hudgins filed suit against Winn-Dixie Montgomery and Jane Doe on April 18, 2011 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Oct. 13.

The alleged incident occurred on Dec. 9, 2010 as Hudgins was leaving the store located in Jefferson Parish. She states that she slipped in olive oil and fell violently onto the concrete walkway.

Defendant Jane Doe is the mother of the minor child who was carrying the grocery bag that contained the bottle of oil that fell and broke.

Winn-Dixie is accused of failing to properly bag grocery items so that heavy items don't fall through the bags onto the ground, failing to inspect the entrance of the store for slippery substances, failing to warn others of or safeguard the area where the bottle of oil fell and broke and for failing to take action to clean the walkway.

The plaintiff is seeking damages for loss of quality of life, physical pain and suffering, mental pain and suffering, medical expenses, rehabilitation expenses, lost wages, loss of earning capacity and interest.

Hudgins is represented by Perry W. Manning Sr. of Law Office of Perry W. Manning, Sr. in Metairie.

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

Case No. 2:11-cv-02579

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