89-year-old woman sues store after tripping over rug
NEW ORLEANS - An 89-year-old woman has filed a lawsuit against Wal-Mart that claims the store failed to keep the floor in good repair, which caused her to trip over a rug and suffer serious injuries.
Lucy Bentley filed suit against Wal-Mart Louisiana and ABC Insurance Co. on Sept. 19 in federal court in New Orleans.
The alleged incident occurred on Dec. 9, 2011 as Bentley was shopping at the Wal-Mart located in Harvey. She states she slipped and tripped over a rug in the vegetable department and sustained serious, painful injuries.
"Upon falling, Lucy Bentley observed that the floor surface surrounding the rug was in disrepair," the lawsuit states.
The defendant is accused of negligence for failing to ensure a safe and non-hazardous shopping environment, using an insufficient rug that caused or contributed to the fall of Bentley, failing to utilize a reasonable effort to keep the premises free of any hazardous conditions, failing to take proper steps to avoid injury to patrons, failing to place proper signs to warn of the damage to the flooring, presenting an unreasonable risk of harm, failing to keep the area in a reasonably safe condition, failing to ensure that the premises was conducive to its patrons, and for failing to properly supervise and train employees.
The plaintiff is seeking damages for physical pain and suffering, mental pain and suffering, emotional distress, medical bills, interest, and court costs.
Bentley is represented by Wanda Anderson Davis of Leefe, Gibbs, Sullivan, Dupre & Aldous in Metairie. A jury trial is requested.
U.S. District Judge Eldon E. Fallon is assigned to the case.
Case No. 2:12-cv-02318