Kyle Barnett Jul. 20, 2015, 11:10am


GRETNA – A discount retailer is being sued by a woman who claims she stepped in spilled soda causing her foot to get stuck, resulting in her falling.

Diane M. McCarty, and husband James, filed suit against Dolgencorp LLC, Dollar General Stores, Michelle Smith and Jenny Thibodaux in the 24th Judicial District Court on June 1.

McCarty asserts that on Sept. 2, 2014 she was shopping at the Dollar General; located at 8030 W. Metairie Ave. in Metairie when she stepped in soda that had spilled in one of the aisles, causing her foot to become stuck and resulting in her falling to the floor. The plaintiff claims she received injuries to her hip, and knee and broke her pinky finger.

The defendant is accused of failing to keep the floor free from hazards, failing to exercise reasonable care, failing to properly inspect the floor and failing to institute safety procedures.

An unspecified amount in damages is sought for medical expenses, loss of insurability, loss of fringe benefits, physical injuries, physical pain and suffering, loss of enjoyment of life and mental anguish.

McCarty is represented by attorney Gerald J. Leydecker of Metairie.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 750-277.

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