Robert J. Caluda

GRETNA – A Texas woman is suing a local department store for injuries she allegedly received when she tripped and fell while stepping up from a curb in a parking lot.

Diane Weaver and Clarence Waever, Jr., filed suit against Macy's Inc., Macy's the Esplanade, Simon Property Group, LP and Donald P. Pipino Company, LTD. in the 24th Judicial District Court on Oct. 11. Weaver claims she was outside the Macy's located at The Esplanade mall at 1401 W. Esplanade in Kenner and was stepping down from the sidewalk from the pavement below when her foot caught the curb and she fell to the ground. The plaintiff alleges that she received serious and disabling injuries in the fall.

The defendants are accused of failing to maintain areas traversed by shoppers in a safe fashion, failing to inspect and maintain proper upkeep of the premises, failing to observe the hazard, failing to warn patrons of a possible danger and failing to take reasonable care.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish, medical expenses, loss of enjoyment of life, loss of earnings and earning capacity and loss of companionship.

Weaver is represented by Metairie-based attorney Robert J. Caluda.

The case has been assigned to Division J Judge Stephen J. Windhorst.

Case no. 720-066.

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