Kmart sued by woman who claims entire body injured when employee pushed dolly into foot

Kyle Barnett Sep. 10, 2012, 3:00am

Seth H. Schaumberg

GRETNA – A New Orleans woman claims she was injured by an employee while shopping at a Belle Chasse retail store.

Keisa Toussaint filed suit against Kmart Corporation, Gretna – R.A.E. Holdings, LLC and Brian Murphy in the 24th Judicial District Court on July 31. Toussaint claims she was shopping at the Kmart located at 2701 Belle Chasse Hwy. in Terrytown when Murphy, a Kmart employee, pushed a dolly of drinks into the back of her right foot. The plaintiff alleges she received injuries to her right foot, right ankle, lower back, neck and entire body in the incident.

The defendant is accused of failing to maintain its premises in a prudent manner, failing to take proper precautions to avoid striking customers with carts carrying merchandise, creating an unreasonable risk of harm to patrons, failing to exercise reasonable care and failing to warn plaintiff.

An unspecified amount in damages is sought for medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, permanent disability, scarring and deformity, loss of wages and loss of future earnings capacity.

Toussaint is represented by Seth H. Schaumberg of New Orleans-based attorneys Favret, Demarest, Russo & Lutkewitte.

The case has been assigned to Division C Judge June Berry Darensburg.

Case no. 717-656.

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