Shopper sues J.C. Penney after falling while attempting to sit

Michelle Keahey Dec. 4, 2011, 3:45am

A Lakeside Mall shopper has filed a lawsuit against J.C. Penney Corp. after she suffered injuries when she attempted to sit down in a chair and fell.

Aurora Carter and Joseph Carter, Sr. filed suit against J.C. Penney and Chartis Insurance Co. on Oct. 14, 2011 in Jefferson Parish District Court. The defendant removed the case to federal court in New Orleans on Nov. 30.

The alleged incident occurred on Oct. 19, 2010 while Aurora Carter was attempting to sit on a chair that was displayed for customers, when the adjacent table gave way, causing her to fall. As she fell, the other display objects close to the table and chair fell on her, the suit claims.

According to the lawsuit, one of the sections of the table was not secured and gave way.

J.C. Penney is accused of creating the hazardous condition and allowing it to exist, breaching its duty to exercise reasonable care to keep its premises in a reasonably safe condition.

The plaintiffs are seeking damages for mental anguish, physical suffering, medical care, loss of earnings, loss of earning capacity, interest and court costs.

The plaintiffs are represented by New Orleans attorney Arlene Lombard.

Case No. 2:11-cv-02953

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