NEW ORLEANS - After slipping and falling off of a walkway, a St. Charles Parish woman has filed a lawsuit against Winn-Dixie claiming the store knew it had a dangerous walkway as other customers had fallen in the same area.
Gail Baudy and Warren Baudy filed suit against Winn-Dixie and The Travelers Indemnity Co. of Connecticut on Dec. 8, 2011 in St. Charles Parish District Court. The defendants removed the case to federal court in New Orleans on April 10.
The alleged incident occurred on March 12, 2011 as Gail Baudy was shopping at a Louisiana Winn-Dixie. She states that as she was walking off of a raised walkway, she slipped and fell.
Baudy argues that the defendant should have had constructive notice of the condition because of the hazardous walkway and step and should have taken measures to correct it.
According to the lawsuit, other people have fallen from the walkway under similar conditions.
The defendants are accused of negligence for failing to maintain a safe place of business, failing to keep its walkway up to code, allowing the walkway of the business to become dangerous and to remain dangerous, failing to warn and protect Baudy from unreasonable risk and dangerous areas, failing to inspect and keep the premises in a safe condition for customers, and for creating a dangerous condition.
The plaintiffs are asking the court for an award of damages for physical pain, suffering and discomfort, mental anguish, aggravation, and annoyance, disability, medical expenses, loss of enjoyment of life, loss of use and function of parts of their body, bodily disability, impairment of psychological functioning, disability from engaging in recreation, destruction of earning capacity, loss of support, loss of society, loss of consortium, interest, and court costs.
Baudy is represented by Robert B. Evans and Cesar R. Burgos of Burgos & Evans in New Orleans.
U.S. District Judge Sarah S. Vance is assigned to the case.
Case No. 2:12-cv-00914