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Winn-Dixie sued by woman claiming disability after falling in floral aisle

By Kyle Barnett | Apr 26, 2013

GRETNA – A Jefferson Parish woman is suing a grocery store chain for injuries she allegedly received in a fall at one of its Metairie locations.

Pastora Munoz, and husband Ceasar, filed suit against Winn-Dixie Montgomery LLC in the 24th Judicial District Court on Feb. 21.

Munoz claims that as she was shopping at the Winn-Dixie store No. 1411 in Metairie she slipped and fell due to an accumulation of water on the floor of the floral aisle. The plaintiff alleges the plants in the aisle were over-watered, which caused the incident and her ensuing injuries.

The defendant is accused of failing to maintain a safe place of business, failing to keep its aisle up to government code and ordinances, allowing the aisle of the business to become and remain dangerous, failing to warn petitioner of the danger, failing to protect petitioner from unreasonable risks, failing to inspect and keep the premises in a safe and suitable condition, spilling water on the walkway near the floral department, failing to discover an unreasonably dangerous condition, failing to take steps to prevent a dangerous condition from causing injury, failing to warn of a dangerous condition and creating a dangerous condition.

An unspecified amount in damages is sought for physical pain and suffering, discomfort, disability, mental anguish, aggravation, annoyance, medical expenses, loss of enjoyment of life, loss of use and function of body parts, bodily disability, impairment in psychological functioning, disability from engaging in recreation, destruction of earning capacity, loss of support, loss of society and loss of consortium.

Munoz is represented by Robert B. Evans of New Orleans-based Burgos & Evans LLC.

The case has been assigned to Division N Judge Carolyn W. Gill-Jefferson.

Case no. 742-102.

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