Dan Hildebran
unread,May 26, 2005, 9:08:33 PM5/26/05Sign in to reply to author
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In separate cases last week, the Bradford County Fair Association and Starke's Wal-Mart were sued by plaintiff's claiming each organization was responsible for
injuries they suffered in falls.
In the first suit, Pamela Stubbs claimed that as she entered a Fair Association building for an arts and crafts show on December 2nd, 2001, she tripped over an
obstacle and fell. In her complaint, which her husband Phillip Stubbs is also a plaintiff, Ms. Stubbs claimed the association allowed, "the floor at the entran
ce of the building to be constructed and/or maintained in such a manner as to constitute a trap that could not be seen, observed, or discovered by a reasonably
prudent person entering the premesis."
The plaintiffs also claimed that inadequate lighting contributed to the accident. "Invitees...were unable to see any dangerous condition as their eyes would no
t have had sufficient time to adjust to the darkened hallway so as to be able to plainly view any dangerous condition."
In the Wal-Mart case, Evelyn Accordino claimed that while shopping at the retailer on April 27th, 2005, she "fell after tripping on a partially hidden bicycle r
ack that was obstructing the walkway." Ms. Accordino's lawyer, Gainesville's Jeffery Meldon, said in the petition, that the store was negligent in "placing th
e equipment and merchandise on the floor in such a manner as to cause the plaintiff to slip and fall." The lawsuit also claims Wal-Mart could have prevented th
e accident if it had implemented adequate policies and procedures, or if it had warned Ms. Accordino of the dangerous condition.