Woman sues Food 4 Less after slipping on cherry tomato

 

A woman who claims she slipped on a cherry tomato and injured herself while shopping in the produce section at Food 4 Less, 2800 E. 32nd Street filed a lawsuit against the store's owner, Harp's Food Stores, Inc. today in Jasper County Circuit Court.

During the July 5 incident, Shari Winters, injured her left leg, left foot and left toes, according to the petition.

(From the petition)

While Plaintiff was walking through a portion of the Food 4 Less store open to the public, she slipped on a cherry tomato, or similar item of produce, that was on the concrete floor of the store.

As a result of the fall, Plaintiff sustained injury.

The produce on the concrete floor constituted a dangerous condition to people entering Food 4 Less because it created a slip and fall hazard.

Defendant Harps Food Stores, Inc. d/b/a Food 4 Less knew or could have known about the dangerous condition presented by the produce in time to remedy, warn about, barricade, or guard against it.

The fall and injuries and damages suffered by Plaintiff Winters as described below were the direct and proximate result of the negligence, carelessness, acts and omissions of Defendant Harps Food Stores, Inc. d/b/a Food 4 Less, in one, more, or all of the following particulars to wit:

-by not keeping its premises in a reasonably safe condition free of hazards;

-by not maintaining its produce aisle and keeping the floor free from hazards;

-by not performing proper, frequent, and adequate inspections of the premises

to discover fall hazards;

-by not timely remedying the fall hazard on the floor;

-by not warning customers about the fall hazard on the floor; and

-by not erecting barricades, signs, cones, caution tape, or other devices to alert customers to the presence of the hazard on the floor and the need to avoid the area;

The foregoing negligence, carelessness, acts and omissions of Defendant Harps Food Stores, Inc. d/b/a Food 4 Less directly and proximately caused or contributed to cause Plaintiff Winters to suffer injury to her left leg, left foot, and left toes.

Said injury has caused or contributed to cause Plaintiff to experience pain, suffering, anguish, loss of enjoyment and quality of life.

Plaintiff has also incurred medical and pharmaceutical expenses and other incidental pecuniary and/or economic damages.

Winters, who is represented by Taylor Haas of the Joplin firm of Johnson, Vorhees and Martucci, is asking for "fair and reasonable damages" and costs and is demanding a jury trial