Kyle Barnett Jul. 9, 2015, 12:49pm


GRETNA – A grocery store is being sued by a woman who claims she was severely injured in a fall that occurred when she bent over to pick up a watermelon.

Ann S. Marks filed suit against Winn-Dixie Montgomery LLC in the 24th Judicial District Court on May 21.

Marks contends she was at the Winn-Dixie located at 4627 Westbank Expressway in Marrero and as she picked up a watermelon her foot stuck on a piece of wood causing her to fall to the floor. The plaintiff asserts she suffered severe and disabling injuries in the incident.

The defendant is accused of failing to maintain a reasonably safe place for visitors, failing to take necessary measures to protect visitors, failing to properly maintain the premises, failing to warn of the danger and failing to take steps to avoid the incident.

An unspecified amount in damages is sought for physical pain and suffering, mental pain and suffering, loss of earnings, loss of earning capacity, loss of enjoyment of life, permanent disability, loss of consortium, penalties and attorney’s fees.

Marks is represented by Edward J. Womac of Law Offices of Edward J. Womac Jr. & Associates.

The case has been assigned to Division D Judge Scott U. Schlegel.

Case no. 749-929.

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