Cheerleader's foot injury leads to suit against Petco
NEW ORLEANS - The parents of a Jefferson Parish cheerleader have filed a lawsuit against Petco claiming their minor child suffered a foot injury when an advertisement stand was improperly placed on sliding glass door tracks.
Shawn T. Sanchez, individually and as administrator of the estate of a minor child and Lilly-Molina Sanchez, individually and on behalf of her minor child, filed suit against Petco Animal Supplies Stores Inc., ABC Insurance Co., DEF Manufacturer and its insurer XYZ Insurance Co. on Feb. 17 in Jefferson Parish District Court. The defendants removed the case to federal court in New Orleans on April 3.
The alleged incident occurred on Feb. 19, 2011 as the minor child was in the Petco located in Kenner. Her parents state that an advertisement stand, which was placed on the sliding glass door tracks, caused the door to strike the minor child's left foot when the door opened for a customer entering the premises.
The incident resulted in the minor's right toenail being torn off, the suit states.
The defendants are accused of negligence for failing to maintain the premises in good condition and repair, failing to exercise proper diligence in inspecting the premises, failing to safely and properly place and monitor moveable store objects located in or near the premise's entrance hall, for failing to keep the premises free from dangerous conditions, and for failing to obey occupational and public safety laws.
The plaintiffs are asking for an award of damages for pain and suffering, emotional suffering, mental anguish, disability, disfigurement, psychiatric and psychological injuries, medical expenses, loss of income, loss of earning capacity, loss of tuition and education, loss of consortium, attorney's fees, court costs, and interest.
The family is represented by Eileen L. Mahoney of Mahoney Law Firm in Metairie.
U.S. District Judge Nannette Jolivette Brown is assigned to the case.
Case No. 2:12-cv-00865