Cracked pavement in handicapped parking area lead to injuries, lawsuit claims

GRETNA – A woman is suing Winn-Dixie claiming she was injured in a fall on cracked cement near a handicapped parking lot space.

Michelle Lanier, and husband Douglas Powell, filed suit against Victory Real Estate Investments LLC, Victory Kenner Inc., Winn Dixie Montgomery Inc. and their insurers in the 24th Judicial District Court on Sept. 12.

Lanier asserts that on Sept. 15, 2013 she parked in a handicapped space at the Winn-Dixie grocery store located at 4041 Williams Blvd. in Kenner. The plaintiff claims that when she exited her car she walked along a blue-painted path and encountered several cracks which she tripped on and fell to the pavement. Lanier alleges that she received injuries to her knees, calf, back, neck and legs in the incident.

The defendant is accused of knowing of the cracks in the concrete created an unreasonable risk of harm, failing to notice cracks and uneven concrete, failing to repair the concrete, failing to exercise reasonable care in maintaining the parking lot and allowing the crosswalk to remain in poor condition when they should have known it was a hazard.

An unspecified amount in damages is sought for pain and suffering, mental anguish, permanent disability, disfigurement, medical expenses and lost wages.

Lanier  is represented by attorney Dwan S. Hilferty of Metairie.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 742-380.