Grocery store sued after woman trips over parking stop

Kyle Barnett Dec. 14, 2011, 4:54pm

NEW ORLEANS – A woman is suing a Metairie grocery store after tripping over a parking stop while walking to her car following shopping at a nearby store.

Mary Marsolan filed suit against Rouse's on Dec. 6 in Orleans Parish Civil District Court.

Marsolan's case states she was shopping at a local strip mall when she exited one store and continued to her car parked in front of the Rouse's grocery store at 2900 Veterans Boulevard. The plaintiff claims she tripped over a car stop and fell to the ground near the front of her car next to the cart corral. The suit asserts she sustained serious bodily injuries as a result of the fall including a broken arm.

According to the suit, the car was parked in a handicapped spot with fading light blue paint on the space lines and on the parking stop that was misaligned, not secured to pavement and sticking out towards the front of the parked vehicle.

Rouse's was the lessee of property when accident occurred and, along with their landlord, liable maintain parking lot in front of businesses.

The case asserts the defendants had a duty to maintain and repair the parking lot including the car stop. Also, the defendants are being held liable for having a duty to warn of dangerous conditions, maintaining the condition of the car stop, creating an unsafe condition, knowing about the unsafe condition and creating the unsafe condition.

Unspecified damages sought include physical pain and suffering, mental anguish, loss of enjoyment of life, humiliation, embarrassment, inconvenience, medical and pharmaceutical expenses, expenses for personal assistance, loss of earning capacity and permanent and partial disability.

The suit is being brought on behalf of the plaintiff by James E. Cazalot Jr., of Madisonville.

Case number 2011-12668 has been assigned to Section B Judge Rosemary Ledet.

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