Kyle Barnett Feb. 3, 2014, 4:57pm

GRETNA – The daughter of a man who allegedly lay dead in a walk-in cooler for nearly nine hours before being discovered is suing the convenience store where the death occurred.

Xiomara Morter filed suit against B&B Petroleum in the 24th Judicial District Court on Jan. 23.

Morter claims that her father was a customer at the Chevron station located on Airline Highway in Metairie when he walked into the walk-in cooler and collapsed at around 10:20 p.m. on Jan. 24, 2013. The plaintiff alleges that although the collapse was captured on a video surveillance camera he was not found until 7 a.m. the next morning and had already died. Morter asserts that had her father been discovered earlier he would have had a chance for survival.

The defendant is accused of wrongful death.

An unspecified amount in damages is sought for survival action, pain and suffering, loss of love and affection and mental pain and suffering.

Morter is represented by attorney Anthony L. Glorioso of Metairie.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 734-871.

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