NEW ORLEANS – A 77-year-old woman is suing a corporate retailer claiming she fell on a clothes rack causing her to become permanently handicapped.

Eleanor D. Yanitz filed suit against Chico’s Brand Investments, Inc. and Crawford and Company in the Orleans Parish Civil District Court on April 2.

On April 4, 2014, the petitioner claims she was a patron at Chico’s located at 5605 Magazine Street in New Orleans. According to the case file, Yanitz, a 77-year-old woman, was waiting for her sister and was seeking a place to sit when she saw what appeared to be a sturdy chair near the exit of the store and made her way towards it.

However, Yanitz claims as she started to sit, suddenly and without warning, the chair began to skid causing her to fall on the bottom of a nearby clothes rack. The petitioner was allegedly unable to arise until she was assisted into an ambulance. Yanitz contends she sustained severe bodily injuries rendering her handicapped. She claims she continues to undergo extensive medical treatment as a result of the incident.

The defendants are accused of failing to keep the plaintiff out of harm’s way, use reasonable care, warn the petitioner of a dangerous condition, properly adhere to customer safety, properly secure the premises and correctly anchor all furniture.

The plaintiff is seeking an unspecified amount in damages for pain and suffering, emotional turmoil, mental agony, disabilities, disfigurement and medical expenses.

The petitioner is represented by Carrie H. Pailet of Carrie H. Pailet APLC.

The case has been assigned to Div. C Judge Sidney H. Cates IV.

Case no. 2015-03070.

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