Winn-Dixie sued for $50,000 after shopper slips and falls
NEW ORLEANS - After slipping and falling an Orleans Parish woman has filed a lawsuit against the Winn-Dixie on Chef Menteur Highway in New Orleans claiming the store failed to keep the store safe and clean for customers.
Monique Miller filed suit against Winn-Dixie Montgomery, Winn-Dixie Stores Inc., Brian Simms and ABC Insurance Co. on March 26 in Orleans Parish District Court. The defendants removed the case to federal court in New Orleans on May 9.
The alleged incident occurred on April 4, 2011.
The defendants are accused of negligence for failing to provide proper maintenance and keeping their premises in a safe condition for their customers, failing to make or take timely inspection, failing to properly train or supervise their employees as to methods of maintenance, repair, and inspection to insure safe passage for their customers and prevent this type of accident from happening, failing to remedy an unsafe or hazardous condition, for allowing a dangerous condition to exist for an unreasonable length of time, and for failing to keep the area clean and in proper working condition.
The plaintiff is asking the court for an award of more than $50,000 in damages for physical pain and suffering, mental pain and suffering, medical expenses, loss of earnings, loss of enjoyment of life, loss of earning capacity, permanent disability, loss of consortium, attorney's fees, interest, and court costs.
Miller is represented by Roderick Alvendia, J. Bart Kelly III, and Jeanne K. Demarest in Law Office of Alvendia, Kelly & Demarest in New Orleans.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:12-cv-01170