Grocery store sued over alleged cart malfunction that resulted in customer injury

GRETNA – A local grocery store is being sued by a customer who claims she was injured when her shopping cart’s wheel locking mechanism malfunctioned.

Peggy Ann Perez filed suit against Winn-Dixie Louisiana Inc., Winn-Dixie #1440, Gatekeeper Systems Inc., Belgravia Investors LLC, Liberty Mutual Insurance Company and any other insurers in the 24th Judicial District Court on July 18.

Perez alleges she was shopping at the Winn-Dixie located at 4627 Westbank Expressway in Marrero when a locking mechanism on the shopping cart's wheels malfunctioned and the cart struck her violently in the stomach. The plaintiff asserts she received severe and disabling injuries including multiple hernias, damage to her gastro-intestinal tract and other severe injuuries as a result of the incident.

The defendant is accused of failing to take all precautions necessary to avoid injury, failing to remove dangerous obstacles from walkways, failing to warn the plaintiff of the danger, failing to properly inspect the obstacle and provide safe access to the store and diverting and distracting the plaintiff.

An unspecified amount in damages is sought for medical expenses, physical pain and suffering, special care and services, loss of enjoyment of benefits, loss of benefits of life and permanent partial disability.

Perez is represented by Michael J. Maginnis of Mandeville-based The Maginnis Law Firm.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 740-460.