A New Orleans Sav A Lot customer claims he slipped on grapes and violently fell to the floor, according to a suit pending in the Eastern District of Louisiana.
Plaintiff Brian Murph claims he suffered severe and permanent injuries to his neck and back while walking near the store's entrance on March 16, 2009. Grapes were scattered and had formed a "juice-like substance on the floor and had visible footprints and dirt tracked through it because of the length of time it had been present," his suit claims.
His suit against Sav A Lot and Old Republic Insurance Co. was originally filed March 2 in the Civil District Court for the Parish of Orleans. The defendants removed the case to federal court in New Orleans on April 14.
He claims the defendants are negligent for failing to have proper and safe clean-up procedures, failing to keep the floor clean, failing to maintain the floors in a safe condition, failing to inspect the floor and failing to warn customers that there was a foreign substance on the floor and failing to post warning signs.
Murph is seeking an undisclosed amount of damages for medical expenses, physical pain and suffering, mental anguish, emotional distress, permanent disability and loss of function, loss of enjoyment of life, loss of wages and diminished economic horizons.
New Orleans attorney John J. Finckbeiner Jr. is representing Murph.
U.S. District Judge Jay C. Zainey is assigned to the case.
Case No 2:10cv01108