Dialysis patient files lawsuit after slip and fall incident

Michelle Keahey Dec. 1, 2011, 2:36am


A person undergoing dialysis treatment has filed a personal injury lawsuit after slipping and falling in water that was discharged from a dialysis unit.

Peggy Scott filed suit against Bio-Medical Applications of Louisiana, a/k/a F.M.C. Thibodaux and Continental Casualty Co. Inc. on Nov. 9 in LaFourche Parish District Court. The defendants removed the case to federal court in New Orleans on Nov. 22.

The alleged incident occurred on Feb. 7, 2011 as Scott was a patient at the dialysis center. She states that she was injured when she slipped and fell in water that was sprayed on the floor by an attendant, who was attempting to charge a unit. According to the lawsuit, after Scott was injured, an attendant told another attendant that she should have wiped up the water.

Scott suffered a severe injury to her shoulder, stomach, and lower back.

The defendant is accused of negligence for failing to inspect the premises under the circumstances, failing to provide safe conditions on the premises, failing to warn Scott of the dangerous conditions which existed on the property at the time and failing to clean up the water on the floor.

The plaintiff is seeking an award of damages for mental and physical pain and suffering, mental anguish, emotional distress and impairment of the ability to enjoy life's pleasures, medical expenses, loss of earning capacity, loss of enjoyment of life, interest and court costs.

Scott is represented by New Orleans attorney Laurence Cohen.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:11-cv-02914

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