Kyle Barnett Nov. 24, 2014, 4:40pm


GRETNA – A clothing retailer is being sued by a customer who claims she was injured when she sipped and fell on a substance leaking from its roof.

Cynthia B. Magner filed suit against Marshalls of MA Inc., The TJX Companies Inc., Transformance Harvey LLC and Zurich American Insurance Company in the 24th Judicial District Court on Sept. 15.

Magner contends that on Sept. 21, 2013 she was shopping at the Marshalls located at 1500 Westbank Expressway in Harvey when she slipped on a wet substance leaking from the store’s roof and fell to the floor. The plaintiff asserts that she was severely injured in the fall.

The defendant is accused of failing to maintain a safe premises, allowing an unsafe condition to exist, failing to correct an unsafe and hazardous condition, allowing a dangerous condition to exist, failing to exercise reasonable care, failing to inspect and discover an unreasonable risk of harm and failing to properly warn of a dangerous condition.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish and suffering, medical expenses, loss of wages, lost earning capacity, disability, loss of bodily function, physical impairment, scarring, disfigurement, psychological distress, loss of enjoyment of life and inconvenience.

Magner is represented by Corey E. Dunbar of Pivach, Pivach, Hufft, Thriftily & Dunbar LLC.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 742-421.

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