Woman sidesteps dancing girl in Winn-Dixie, falls on blackened banana peel, files suit

NEW ORLEANS – A woman is suing a local grocery store after she was injured  after slipping and falling on a blackened banana peel while trying to avoid a young girl dancing in the aisle.

Marlene Shanks filed suit against Bionitrogen Louisiana Holdings LLC, Winn-Dixie Montgomery LLC, Sedgwick Claims Management Services Inc. and their insurance companies in the Orleans Parish Civil District Court on Nov. 5. 

The suit states that on Dec. 12, 2012, the plaintiff was shopping at the Winn-Dixie on Chef Menteur Highway in New Orleans and was purchasing several miscellaneous items. While shopping the plaintiff allegedly stepped around the a little girl who was dancing in one of the store's aisle's so as to avoid bumping into her and as she stepped around the girl, she unknowingly stepped on a blackened banana peel that was lying on the floor, which caused her to slip and fall to the ground.

As she began to fall, Shanks claims attempted to catch herself to avoid hitting the ground due to her innate fear of causing serious injuries to both of her hips, which, incidentally, had previously been replaced, as well as her knee which had also been previously replaced.

After the fall, Shanks asked the mother of the dancing girl to call the store manager who allegedly came to the site of the fall, picked up the banana peel of the ground and threw it away, according to the lawsuit.

Shanks claims she then went home where a representative from Winn-Dixie Stores took a recorded statement from her. Later on, Shanks alleges she returned to the Winn-Dixie Store and gave written report of the events. On both occasions, Shanks requested copies of her recorded and written statements and was refused, the suit states.

The defendant is accused of failing to provide a safe place, failing to take steps to prevent the injury, failing to properly warn and being otherwise negligent.

As a result of the accident, petitioner suffered severe pains in her back, knees, groin, and left ankle. She seeks an unspecified amount in damages for physical pain and suffering, mental anguish, medical expenses, loss of enjoyment of life, and other damages.

The plaintiff requests a trial by jury.

Shanks is represented by W. Clifton Stoutz of New Orleans.

The case has been assigned to Division C Judge Sidney H. Cates IV.

Case no. 2013-10426.