Bicyclist sues Wal-Mart after catching tire in drainage grate

Michelle Keahey Nov. 10, 2012, 10:25am

NEW ORLEANS - A bicyclist is suing Wal-Mart claiming the store failed to place warning signs around a drainage grate, which caused him to drive over the grate, causing his tire to get caught.

Dion Treadway filed suit against Wal-Mart Louisiana and its insurance company Claims Managements Inc. on Oct. 3 in St. John the Baptist Parish District Court. The defendant removed the case to federal court in New Orleans on Oct. 25.

The alleged incident occurred on April 22, 2012 as Treadway was riding his bicycle in the Wal-Mart store parking lot in LaPlace. He claims the incident caused him to fracture his arm.

The defendant is accused of negligence for failing to monitor the parking lot, failing to properly inspect the parking lot for hazards, failing to inspect and monitor, failing to train personnel, failing to take action to place warning signs regarding drainage covers, failure of personnel to report dangerous bicycle traffic in parking lot, failure to monitor the drainage grate, and for failing to know the drainage grate was dangerous to bicyclists.

The plaintiff is seeking an award of damages for medical expenses, lost wages and opportunity costs, pain and suffering, psychological damages, emotional distress, interest and court costs.

Treadway is represented by Fred R. DeFrancesch and Tomy J. Acosta in LaPlace, Louisiana.

U.S. District Judge Stanwood R. Duval Jr. is assigned to the case.

Case No. 2:12-cv-02588

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