Late last year, on November 17, 2015, a Denton County woman by the name of Collette Phelps settled her case with RaceTrac for a slip and fall incident that occurred on November 16, 2011. Although the final settlement amount remains undisclosed, there are some key takeaways from this case.
Phelps reported that she was severely injured while walking back to her vehicle after leaving the inside of the store when she slipped and fell due to oil in the parking lot. After being hurt, Phelps filed a lawsuit against RaceTrac Petroleum, Inc. on November 13, 2013 in the Denton County District Court. Approximately a month later, on December 19, Phelps removed the case from the Denton County District Court and filed it with the Eastern District of Texas, Sherman Division.
In the injury claim, Phelps and her attorneys alleged that the establishment’s carelessness and recklessness were responsible for her injuries. The case alleged that the establishment:
- Failed to properly maintain the safety and integrity of the store property, both in and outside the store, to ensure there were no dangerous oil or grease spots
- Failed to properly train employees and managers in the appropriate methods of managing and cleaning the property
- Failure to properly supervise employees who were working at the store while performing their duties
- Failure to warn customers, including Phelps, of the potentially hazardous conditions outside the store
In many slip and fall lawsuits, the key is that the establishment knew about the dangerous conditions or should have reasonably known about the conditions and either failed to promptly remove the dangerous conditions or warned consumers of the dangerous conditions, or both.
In her claim against RaceTrac Petroleum, Inc., Collette Phelps sought damages for the following:
- Medical expenses due to severe injuries
- Physical pain and suffering
- Emotional trauma/mental suffering
- Loss of enjoyment of life
- Severe physical impairment and injuries that were disabling
- Loss of earnings
- Court costs
The lawsuit proceeded to move through the various stages of the Texas justice system for approximately two years before a settlement was reached. On November 17, 2015, closing documents were filed in the case, and the courts were notified that the parties had reached a settlement. The amount of the settlement remains undisclosed at present time.
Injured in a Slip & Fall Accident? Call Today
Gregory H. Bevel is an experienced premises liability lawyer who can help you if you are involved in a slip and fall case against a large establishment, including popular retail chains like Wal-Mart, Target, and CVS. Call now for a consultation at (214)-580-2555.