Jefferson Parish woman sues store for various injuries in slip and fall incident

Michelle Keahey Mar. 2, 2012, 3:35am

NEW ORLEANS - A Jefferson Parish resident has filed a personal injury lawsuit against Wal-Mart after she allegedly slipped and fell, suffering various injuries.

Franchelle O'Brien filed suit against Wal-Mart Stores Inc. on Feb. 2 in St. John the Baptist Parish District Court. The defendant removed the case to federal court in New Orleans on Feb. 23.

The alleged incident occurred on Dec. 3, 2011 while O'Brien was a patron at the Wal-Mart located in LaPlace. She states that she was walking through the store when she slipped in an unknown slippery substance and fell.

O'Brien claims she injured her back, neck and head as a result of the slip and fall incident.

The defendant is accused of negligence for failing to correct and repair the dangerous conditions, allowing a dangerous condition to exist, failing to provide safe surroundings, failing to maintain the premises in a reasonable state of repair, failing to repair defects within a reasonable time, failing to properly policy its premises, and for failing to exercise due care and caution under all of the circumstances.

The plaintiff is asking the court for an award of damages for medical expenses, loss of wages, loss of wage earning capacity, pain and suffering, residual disabilities, mental anguish, emotional upset and distress, loss of enjoyment of life, rehabilitation and support care, interest and court costs.

O'Brien is represented by Stephen F. Harris Jr. and Benjamin J. Birdsall Jr. of Birdsall Law Firm in New Orleans.

U.S. District Judge Mary Ann Vial Lemmon is assigned to the case.

Case No. 2:12-cv-000493

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