Winn Dixie employee sues over alleged injuries from slip and fall over loose drain fixture

By Max Schramel | Nov 14, 2014

NEW ORLEANS – A floral assistant at Winn Dixie allegedly slipped and fell over a drain fixture causing serious injuries to her shoulders, back, forearms and hips.

Beverly Boatner filed suit against Raymond Plumbing and Heating Inc. in the Orleans Parish Civil District Court on Sept. 25.

Boatner claims that on Sept. 24, 2013, Raymond Plumbing and Heating, Inc. performed routine repairs on a plumbing fixture next to the bakery department of a Winn Dixie Store located at 9701 Chef Menteur Highway in New Orleans. Raymond Plumbing and Heating allegedly attempted to tighten the screws in the fixture, but failed in securing them to the drain cap.

On Sept. 27, 2013, the petitioner exited the bakery department, when suddenly and without warning, she allegedly tripped and fell over a jutting out section of drain cap screws. The plaintiff contends she sustained severe injuries to her left and right shoulders, lower back, forearms and right hip as a consequence of the incident.

The defendant is accused of failing to secure screws to the defective drain fixture, failing to warn of a hazardous condition, failing to properly train its employees, failing to maintain a secure drain fixture and failing to properly inspect the defective drain fixture.

The plaintiff is seeking an unspecified amount in damages for pain and suffering, mental agony, public humiliation, medical expenses, disabilities, loss of wages and decline in future income.

The plaintiff is represented by Stephen Michael Schoenfeld of Schoenfeld Law Corporation.

The case has been assigned to Div. L Chief Judge Kern A. Reese.

Case no. 2014-09430.

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