Marshalls sued by customer who claims foot smashed by falling fire extinguisher

By Louisiana Record reports | May 14, 2015

GRETNA – A local clothing retailer is being sued by a customer who claims three of her toes were smashed when a fire extinguisher fell off a wall and landed on her foot.

Leslie Mitchell filed suit against TJX Companies Inc. and Zurich NA in the 24th Judicial District Court on April 1.

Mitchell alleges she was shopping at the Marshalls located in Elmwood Mall at 1200 S. Clearview Parkway in Harahan on Oct. 1, 2014. The plaintiff contends that as she was perusing the shoe department she found a fire extinguisher had fallen off the wall and she picked it up and put it back in its mount. However, Mitchell claims the fire extinguisher fell from the mount again and this time landed on her foot, smashing three of her toes causing them to bleed profusely.

The plaintiff asserts Marshalls staff offered her antiseptic and bandages at he time of the incident, but when her foot had not improved three weeks later she filed a claim with the defendant and sought medical treatment.

The defendant is accused of liability and negligent injury.

An unspecified amount in damages is sought for emotional distress, mental anguish, physical pain and suffering and loss of consortium.

Mitchell is represented by attorney Nghana Lewis Gauff of LaPlace.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 748-226.

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