Michelle Keahey Aug. 20, 2013, 9:35am

NEW ORLEANS - After a rug fell down and hit her in the head, a Terrebonne Parish woman has filed a lawsuit against a home improvement store for failing to keep the store in a reasonably safe condition.

Phyllis Bozarth filed suit against Lowe’s Home Centers Inc. on Aug. 19 in federal court in New Orleans.

The alleged incident occurred on Sept. 15, 2012 as Bozarth was shopping at Lowe’s Home Center located in Houma. As Bozarth was walking down an aisle near the area rugs, a large rug fell from a raised shelf and hit her in the head.

The defendant is accused of fault and neglect for failing to keep the aisle, passageway and floors in a reasonably safe condition, failing to keep the premises free of any hazardous conditions, failing to maintain the store in a reasonably safe condition, failing to properly inspect and maintain the area, and for failing to warn of the condition.

The plaintiff is seeking an award of damages for medical expenses, lost wages, loss of earning capacity, physical pain and suffering, mental anguish, emotional distress, disability, loss of or impairment of the ability to enjoy life’s pleasures, interest, and court costs.

Bozarth is represented by Jonathan P. Friedman and Scott E. Silbert of Silbert, Garon, Pitre & Friedman in New Orleans. A jury trial is requested.

U.S. District Judge Martin L. C. Feldman is assigned to the case.

Case No. 2:13-cv-05479

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