NEW ORLEANS - A Stein Mart customer has filed a lawsuit claiming the store failed to maintain the dressing room which caused her to trip and fall on a hanger on the floor.

Dee Mader and Bruce Mader filed suit against Stein Mart Inc. on Aug. 23 in the Jefferson Parish District Court, and it was later removed to federal court.

The alleged incident occurred on Aug. 26, 2011 as Dee Mader was in a dressing room trying on some clothes at the Stein Mart store in Jefferson Parish. She allegedly tripped and fell on a hanger on the floor, which caused her to fall backwards to the floor. She was unaware of the hanger on the floor before she fell, the suit claims.

Mader fractured her ankle in the fall, which required surgery.

The defendant is accused of failing to remove the hanger from the floor, failing to maintain the dressing room in proper condition for use by patrons in trying on clothes, failing to exercise reasonable care in maintaining the dressing room, and for failing to discover the presence of the hanger in the dressing room prior to the time the incident occurred.

Mader is asking for an award of damages for loss of consortium, loss of love and affection, loss of society and companionship, impairment of relations, interest, attorney’s fees, and court costs.

The plaintiffs are represented by Richard B. Eason, II of Adams and Reese LLP in New Orleans. A jury trial is requested.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-02530

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