Dillard’s sued by woman for alleged slip and fall in ice cream

By Kyle Barnett | Mar 28, 2013

GRETNA – A St. Charles Parish woman is suing a national department store chain for injuries she allegedly received in a fall at one of its local outlets.

Naomi C. Diggs filed suit against Dillard's Department Stores Inc. in the 24th Judicial District Court on Jan. 30.

Diggs claims she was a customer at the Dillard’s located at 197 Westbank Expressway in Gretna when she slipped in ice cream and fell to the floor. The plaintiff alleges the ice cream was difficult to see as it blended in with the color of the floor. Diggs asserts she received various injuries to her shoulder, knees, quadriceps, biceps, triceps as well as in the fall including back strain, jaw tenderness and headaches.

The defendant is accused of failing to hire competent and qualified personnel to monitor the floor, failing to properly maintain the store in a safe and proper condition, failing to exercise reasonable care in keeping walkways in a safe condition, failing to properly direct employees to keep walkways in safe condition and failing to hire competent employees who would not create a dangerous condition resulting in the slip and fall of a customer.

Damages not to exceed $75,000 are sought for mental anguish, inconvenience, humiliation, frustration, loss or restriction of activity, loss of enjoyment of life, aggravation of pre-existing medical conditions, medical expenses, lost wages and loss of earning capacity.

Diggs is represented by attorney Ford T. Hardy of New Orleans.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 723-423.

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