A Morgan City resident has filed a personal injury lawsuit against Wal-Mart after she slipped and fell, fracturing her neck.

Mirta Martinez and Miguel Martinez filed suit against Wal-Mart Stores Inc., Wal-Mart Louisiana a/k/a Sam's Club on Sept. 8 in federal court in New Orleans.

The incident occurred on Jan. 9, 2011 as Mirta Martinez was shopping at the Wal-Mart store located in Houma. She states she slipped and fell on a foreign substance that was negligently left on the floor by employees. Martinez states she suffered a compression fracture and numerous contusions and abrasions due to the incident.

The defendants are accused of negligence for creating an unreasonable risk of harm and tripping, slipping and falling hazard, for the presence of a tripping, slipping, or falling hazard, creating or causing a dangerous condition to exist, allowing the dangerous condition to go unnoticed or uncorrected by its employees for an unreasonable period of time, failing to adequately warn Martinez, failing to properly inspect the premises and surrounding area, failing to train and supervise its employees and failing to use warning signs or other similar warning or safety devices.

Martinez is seeking more than $75,000 in damages for personal injuries, pain and suffering, mental anguish, distress, disability, medical expenses, loss of enjoyment of life, loss of consortium, loss of service, loss of society, interest and court costs.

The plaintiffs are represented by Metairie attorney Leonard J. Cline. A jury trial is requested.

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

Case No. 2:11-cv-02250

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