Lowe's sued for assault after trip and fall accident

Michelle Keahey Apr. 16, 2012, 6:54am

NEW ORLEANS - A Terrebonne Parish woman is suing Lowe's claiming the retailer is negligent for failing to maintain a safe area.

Cheramine Jupiter filed suit against Lowe's Home Centers Inc., unknown employees and ABC Insurance Co. on Oct. 21, 2011 in Terrebonne Parish District Court. The defendants removed the case to federal court in New Orleans on April 5.

Jupiter claims she was at a Houma store on May 8, 2011. She says she tripped and fell down due to a recessed drainage cover in the garden area. She suffered severe injuries to her knees, which required surgery.

The defendant is accused of failing to maintain a reasonably safe area for its patrons, failing to provide immediate assistance to Jupiter, failing to train its employees, failing to warn its patrons, reckless endangerment and indifference, assault, and negligence.

The plaintiff is seeking an award of damages for physical disability, pain and suffering, mental pain and suffering, disruption of bodily tissues and cells, medical expenses, interest, court costs, and attorney's fees.

Jupiter is represented by Ron A. Austin and Jeffrey P. Green of Austin & Associates in Harvey. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:12-cv-00895

More News