Hammond convenience store sued for improperly setting up merchandise display in walkway

Michelle Keahey Nov. 10, 2012, 10:52am

NEW ORLEANS - A Tangipahoa Parish man has filed a lawsuit against a Hammond convenience store claiming that he tripped over a merchandise display that was improperly set up immediately outside of the doorway in the walkway.

Henry Moore Jr. filed suit against Murphy Oil USA Inc. and Liberty Mutual Insurance Co. on Oct. 19 Tangipahoa Parish District Court.

The defendants removed the case to federal court in New Orleans on Nov. 6.

The alleged incident occurred on Nov. 28, 2011 as Moore was a patron at the Murphy Oil USA store located at West Thomas Street in Hammond. Moore states he tripped over a merchandise display that was set up immediately outside the doorway.

“As a result of the hazardous condition created by the placement of the merchandise display, plaintiff tripped over the display and fell on the premises, suffering severe injuries,” the lawsuit states.

The defendant is accused of negligence for placing a merchandise display in a location that blocked pedestrian passage on exiting the store, creating a hazardous pedestrian walkway by improper placement of the merchandise display, failure to properly light the area where the merchandise display was located, and for failing to warn patrons of atypical merchandise displays not usually set up on the premises.

The plaintiff is seeking an award of damages for medical expenses, scarring and disfigurement, lost wages, loss of earning capacity, physical pain and suffering, mental anguish and distress, loss of enjoyment of life, disability, and attorney’s fees.

Moore is represented by Christopher Moody and Albert D. Giraud of Moody Law Firm in Hammond. A jury trial is requested.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:12-cv-02688

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