Wal-Mart customer alleges store's negligence caused her to fall

By Kristine Gonzales-Abella | Nov 12, 2018

CLEARWATER — A St. Petersburg customer is suing Wal-Mart, alleging negligence and premises liability caused her to sustain injuries.

Heather Phinney filed a complaint Oct. 30 in Pinellas Circuit Court against Wal-Mart Stores LP, doing business as Walmart Supercenter Store No. 5218, alleging the defendant negligently allowed a dangerous condition to exist in the area in or near the infant department.

According to the complaint, on June 5, 2017, she was injured at Wal-Mart Store No. 5218 on 34th Street South in St. Petersburg when she tripped and fell, landing on her side and striking her head. The suit says Phinney sustained severe bodily injuries, resulting in pain and suffering, mental anguish, loss of capacity for the enjoyment of life and substantial medical expenses for the treatment of her injuries. 

The plaintiff alleges Walmart Supercenter Store 5218 failed to give adequate notice or warning of the dangerous condition posed by the worn and raised floorboard.

Phinney seeks trial by jury, damages of more than $15,000, exclusive of interest, court costs and attorney fees and all other appropriate relief. She is represented by attorneys Frank D. Butler and James S. Curtis of Frank D. Butler PA in Pinellas Park.

Pinellas Circuit Court case number 18C7078

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