Winn-Dixie shopper sues after slipping in unattended grapes

By Michelle Keahey | Jan 20, 2012


NEW ORLEANS - A Winn-Dixie shopper has filed a lawsuit against the store alleging the store is responsible for her injuries she received when she slipped in grapes and fell.

Mary Brown filed suit against Winn-Dixie Montgomery, f/k/a Winn-Dixie Louisiana Inc., f/k/a Winn-Dixie Stores Inc. on Aug. 11, 2010 in Orleans Parish District Court. The defendant removed the case to federal court in New Orleans on Jan. 11.

Brown states the incident occurred Aug. 2, 2010, resulting in injuries to her back, shoulder, hip and legs.

According to her complaint, there were a number of grapes left unattended on the store's floor where the slip and fall accident occurred.

The store is accused of negligence for failing to maintain a safe business environment, failing to warn of a hazardous condition on the floor, failing to clean the defective area properly and timely, creating an unreasonably dangerous defective condition, failing to correct an unreasonably dangerous defective condition, failing to act as a prudent and reasonable retailer, and for maintaining the Winn-Dixie premises in a careless and reckless manner.

The plaintiff is asking the court for an award of damages for mental anguish, embarrassment and emotional trauma, emotional distress, pain and suffering, loss of pursuit of happiness, loss of enjoyment of life, medical expenses, physical pain and suffering, attorney's fees and court costs.

Brown is represented by Pius A. Obioha, Alistair A. Adkinson and Michal J. Harris of the Law Offices of Pius A. Obioha & Associates in New Orleans.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:12-cv-00072

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