Winn-Dixie customer sues store after slipping in water

By Michelle Massey | Aug 25, 2010

A St. Bernard Parish couple has filed a lawsuit against Winn-Dixie after a woman allegedly slipped and fell in a puddle of water that was leaking from a meat cooler.

Samantha and Thomas Gonzales filed suit against Winn-Dixie Montgomery June 28 in St. Bernard Parish District Court. Winn-Dixie removed the case to federal court in New Orleans on Aug. 16.

Gonzales states the alleged incident occurred in July 2009 as she was walking past a meat coffin cooler in the back refrigerated section of the Winn-Dixie on Paris Road.

"This meat coffin cooler case leaked water on the floor, causing petitioner to slip, catch her balance and then fall again, due to the slippery, unreasonably dangerous substance on the floor of the store," the lawsuit states.

Winn-Dixie is accused of negligence for failing to remove a defective, dangerous and hazardous substance from the drain back-up, failing to exercise reasonable vigilance to remove defects from their property, failing to employee adequate clean-up procedures, failing to have competent personnel to remove a foreign and dangerous substance and for failing to correct and remove a dangerous condition on the floors when it had ample notice and time to identify and remove the condition.

Gonzales and her husband are seeking damages for pain and suffering, disability, loss of enjoyment of life, loss of income, loss of future earning capacity, medical expenses, mental anguish and emotional overlay, interest and court costs.

The Gonzaleses are represented by Gregory J. Noto of Noto Law Firm in Chalmette.

U.S. District Judge Sarah S. Vance is assigned to the case.

Case No. 2:10cv02759

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