Winn-Dixie sued by woman who tripped on unpainted curb

Kyle Barnett Oct. 9, 2012, 1:26am


George B. Recile

GRETNA – A Jefferson Parish woman has sued a local grocery store for injuries she claims she received when she tripped over a curb.

Gail Ensminger filed suit against Winn-Dixie Louisiana, Inc., Victory Investments, Inc. and Wausau Business Insurance Company in the 24th Judicial District Court on Aug. 14. Ensminger claims she was shopping at the Winn-Dixie located on Williams Boulevard in Kenner when she tripped on a piece of raised cement surrounding the shopping cart corral and fell to the pavement. The plaintiff alleges that the hazard was located directly next tho the handicapped space in which she was parked. Ensminger asserts she received injuries in the fall to her shoulder, back and other parts of her body.

The defendant is accused of failing to give warning of the dangerous condition, failing to properly inspect and maintain the area in question, failing to warn of inherent dangers associated with something under their custody, failing to remove the raised cement surrounding the shopping cart corral, failing to paint the cement a color which would have alerted customers to its existence and failing to enclose the shopping cart corral.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, mental pain and anguish, physical disability, physical disfigurement and loss of enjoyment of life.

Ensminger is represented by George B. Recile of Chehardy, Sherman, Ellis, Murray, Recile, Griffith, Stakelum & Hayes, LLP.

The case has been assigned to Division E Judge John J. Molaison, Jr.

Case no. 718-175.

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