New Orleans woman sues after alleged fall on absorbant material at Shell station

Kyle Barnett Mar. 28, 2012, 6:21am

NEW ORLEANS – A New Orleans woman is suing a local gas station for injuries she claims occurred on its premises.

Denise Washington Smith filed suit on March 6 against Cheema, Inc. and its insurer in Orleans Parish Civil District Court. Smith claims she visited the gas station as a customer and noticed a sandy substance when she got out of her car to insert the fuel nozzle into the car's gas tank.

The plaintiff alleges she returned to her vehicle for the duration of the refueling and when she exited the vehicle again she fell on the substance and received injuries. Smith claims a man at a nearby pump helped her to her feet and exclaimed the gas station did not clean up enough. The plaintiff asserts she did not feel any pain at first, but the pain began to get worse on the drive home as she related what had happened to her while on the phone with a friend. When she reached her home, the plaintiff claims she was in tremendous pain. Smith asserts she was driven by her aunt to East Jefferson Hospital where she was diagnosed with a fractured right ankle and right fibia.

The defendant is accused of negligent management and supervision of the area, failing to maintain the premises, failing to adequately clean the premises as per the absorbents material's instructions and for presenting an unreasonably dangerous condition.

An unspecified amount in damages is sought for pain and suffering, mental anguish, medical expenses, lost income and loss of earning capacity.

Smith is being represented by Allison K. Nestor of New Orleans-based Law Offices of Allison K. Nestor, LLC.

The case has been assigned to Division I Judge Piper D. Griffin.

Case number 2012-02239

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