Lizzy Fitzsousa May 2, 2014, 6:31am

NEW ORLEANS – A local discount retailer is being sued by a customer who claims she was injured in a trip and fall over merchandise that was on the floor.

Florence Rhodes filed suit against Family Dollar Stores of Louisiana Inc. in the Orleans Parish Civil District Court.

Rhodes claims that while shopping at the Family Dollar on 1841 Almonaster Ave. in New Orleans, on Feb. 4, 2013, she stepped backwards and tripped over a box of merchandise, causing her to fall and hit the box and the floor. Due to the fall she alleges she suffered pain in her neck, back, right wrist, shoulder and stomach pain from an existing hernia.

The defendant is accused of failure to exercise reasonable care, failure to maintain the premises in a safe condition, failure to adequately and properly warn the plaintiff by the way of signs of inherent danger, and failure to generally meet the standard of care required.

Rhodes is suing for damages including medical expenses, physical pain and suffering, mental and emotional pain and suffering, and loss of enjoyment of life, statutory and legal interest, court costs and attorney fees.

Plaintiff is represented by attorney Frank J D’Amico Jr. of New Orleans.

Family Dollar answered the suit on March 11, denying all wrongdoing and claiming any fault or negligence is on third parties or the plaintiff. Family Dollar is represented by attorneys Jack E. Truitt, Pamela Seeber Chehardy and Alaina Brandhurst of Covington.

Florence Rhodes is scheduled to be deposed at Frank D’Amico’s office on June 12.

Case is assigned to Division C Judge Sidney H. Cates IV.

Case no. 2014-01062.

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