Winn-Dixie sued for not placing warning signs regarding rainwater

Michelle Keahey May 1, 2012, 9:00am


NEW ORLEANS - After a customer slips and falls, the Harvey Winn-Dixie is being sued for failing to place warning signs in the doorway to warn of the rainwater.

Carol Bailey filed suit against Winn-Dixie Montgomery d/b/a Winn Dixie on Aug. 5, 2011 in Jefferson Parish District Court. The defendant removed the case to federal court in New Orleans on April 17.

The alleged incident occurred on Aug. 13, 2010 as Bailey was shopping at the Winn Dixie store located in Harvey. Bailey states that as she entered the building, she slipped and fell on a wet substance on the floor.

The defendant is accused of negligence for not maintaining the entranceway, for not maintaining the floors, not placing a floor mat at the entranceway to absorb the rain water, not placing a warning at the entranceway to warn of the rain water, failing to warn patrons of potential dangers, failing to properly inspect the premises, and for failing to properly train and monitor its employees.

The plaintiff is asking the court for an award of damages for pain, mental anguish, loss of sleep, medical expenses, loss of lifestyle, loss of wages and earning potential, disability, interest, and court costs.

Bailey is represented by Leo J. Palazoo, David D. Bravo, Renee L. Swanson and Tessa L. Cluck of Palazzo Law Firm in Gretna.

U.S. District Judge Nannette J. Brown is assigned to the case.

Case No. 2:12-cv-00975

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