Woman sues Walmart for slipping and falling
March 21, 2011 at 6:01 p.m.
Updated March 20, 2011 at 10:21 p.m.
A Corpus Christi woman filed a lawsuit against Walmart after she slipped and fell at the company's Victoria store.
The plaintiff, Noemi Faragoza, originally filed the lawsuit in district court in December, but she re-filed it in federal court earlier this month.
Named in the suit were Walmart Stores Texas doing business as Walmart Supercenter, Walmart Real Estate Business Trust, Walmart Realty Company and Brett Behnsch, store manager for the Victoria Walmart.
Faragoza claimed she was injured as a result of the defendants' negligent conduct.
On July 19, 2009, the plaintiff was shopping at the Victoria Walmart, store No. 330, located at 9002 N. Navarro St.
While walking toward the nail salon inside of Walmart, Faragoza slipped and fell because of a wet spot on the floor, according to the lawsuit.
The lawsuit contends that as a result of falling, Faragoza suffered from severe bodily injures to her ankle, foot, back and other parts of her body.
Additionally, Faragoza's entire body was bruised, battered and confused, and she suffered great shock to her entire nervous system, resulting in permanent mental and physical deterioration, according to the lawsuit.
Faragoza claims that because she was a customer on the Walmart's premises at the invitation of the defendants, the defendants owed her a duty of ordinary care to adequately warn her of conditions on the premises posing an unreasonable risk of harm or to make the condition reasonably safe, according to the lawsuit.
The plaintiff is seeking relief for lost wages and past and present pain and suffering, mental anguish, medical expenses and physical disfigurement.
Ray Lopez, one of Faragoza's attorneys, declined to comment.