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Woman Files Personal Injury Lawsuit against Retailer

Posted by Administrator (admin) on Mar 16 2010 at 2:47 PM
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GALVESTON – A Galveston County woman is suing Ross Stores Inc., claiming that she sustained a shoulder injury while shopping at a local discount department store one year back.

Carla Holland has filed a personal injury lawsuit against the retailer, saying that she slipped and fell in the Ross Stores’ children’s department on June 4, 2008, on an unknown blue substance that was on the floor.

Holland argues that the defendant knew or should have known of the condition on its premises. The defendant created the condition and it was clearly foreseeable that somebody would slip and fall, according to the lawsuit that was filed March 8 in Galveston County District Court.

According to Holland, she was walking through the children’s section when she stepped on the blue substance and fell down with immense force and violence. Holland says she tore the rotator cuff on her right shoulder.

The lawsuit states that Holland went to the emergency room to treat her injuries, from where she was released with orders to follow up. According to the suit, she underwent a surgery afterwards in order to repair her right shoulder. After the surgery, she had to participate in multiple physical therapy sessions for regaining fitness, the suit states.

Holland’s lawsuit states that the defendant failed to warn her regarding the dangerous condition existed on the premises; failed to provide and maintain a reasonably safe place; and failed to properly oversee its employees.

The plaintiff is seeking damages for including but not limited to pain and distress, mental anguish, and disfigurement.

Galveston County 405th District Court Judge Wayne Mallia will be presiding over the case.

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