Winn-Dixie sued over injuries alleged in child’s fall at local store

By Louisiana Record reports | Feb 4, 2014

GRETNA – The father of a child who was allegedly injured in a fall in a freezer aisle at a local grocery store is suing.

Rodnie Irizarry, individually and on behalf of his minor child, filed suit against Winn-Dixie Montgomery LLC in the 24th Judicial District Court on Jan. 24.

Irizarry claims that he and his daughter were shopping at the Winn-Dixie located at 3001 U.S. Highway 90 in Avondale on April 28, 2013 when she slipped and fell to the ground. The plaintiff asserts that his daughter was injured in the incident and that her fall was due to freezers being in an unsafe condition. Irizarry alleges there were no hazard signs present at the time of the incident.

The defendant is accused of operating the premises in an improper manner, failing to maintain premises in a safe and prudent manner, failing to warn of the hazard, failing to see and take proper action and operating the premises in an unsafe and inattentive manner.

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

Irizarry is represented by Peter R. Brigandi of the Gretna-based The Brigandi Law Firm LLC.

The case has been assigned to Division A Judge Raymond S. Steib Jr.

Case no. 734-904.

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