Failing to pay attention to her surroundings, Barbara Vice-Staples tripped over a wooden rack at a service station, which she claims was "projecting out into her path."
Vice-Staples has filed suit against Vishal K. Enterprise, L.P., alleging that the store "negligently allowed a wooden rack to be placed in the path of customers."
Her suit was filed in the Jefferson County District Court on Jan. 30.
According to the plaintiff's petition, Vishal K. Enterprise owns and operates a service station in Dallas County, Texas. On June 13, 2006, Vice-Staples was a visiting the station and "as she turned to walk away from the register area she tripped and fell over the leg of a wooden cap rack that was projecting out into her path."
The suit alleges Vishal K. Enterprise committed the following acts of negligence:
Allowing the wooden rack to be placed in the path of customers;
Allowing the leg of the rack to project out into the customer traffic area;
Failing to remove the rack once it knew or should have known of its presence; Failing to have barricades, signs, or other warnings properly placed around the area;
Failing to warn Plaintiff of the rack;
Failing to properly inspect the premises for dangerous conditions;
And failing to remedy the dangerous condition once it knew or should have known of said condition.
"As a proximate result of Defendant's negligence, Plaintiff has incurred physician's, hospital, dental and pharmacy bills and has suffered physical pain and mental anguish as a result of her injuries, and same will continue a long time into the future, if not permanently, all in an amount in excess of the minimum jurisdictional level of this Court," the suit said.
Vice-Staples is represented by Dallas attorney Dan Street of the Street & Ragsdale law firm.
Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.
