Butter on floor leads to Shop N Save suit

By Steve Gonzalez | Dec 31, 2005

Shop N Save

Michelle Hooper filed a personal injury suit against Shop N Save in Madison County Circuit Court Dec. 27, alleging she sustained injuries after falling on butter at a Granite City location on Dec. 19, 2004.

"Shop N Save allowed certain butter to remain in the aisles in such a manner that they came in contact with the plaintiff," the complaint states.

Hooper claims Shop N Save had a duty to use reasonable care in its dealings with the public so as to avoid the infliction of injury or distress on customers.

Hooper claims the butter was allowed to remain in the aisles without being packaged in original containers.

According to Hooper's complaint, Shop N Save failed to check the area and failed to notice the butter was out of the original packaging and on the floor, failed to warn her of the butter on the floor and failed to inspect the aisles where the butter was located in a reasonable length of time.

"Shop N Save negligently allowed the butter to remain on the floor and in the aisles which was not in their container, causing Hooper to come into contact with said open butter on the floor and fall," the complaint states.

Hooper claims that she suffered extensive injuries to her head, body and limbs, both internally and externally.

According to Hooper, her neck, shoulder, low back and knee, along with injuries to the soft tissues of the cervical, shoulder, and lumbar area, including the muscles, ligaments, tendons and nerves.

She also alleges she experienced pain and suffering and will be reasonably certain to experience it in the future and also has been required to spend money for medical expenses.

Represented by John Hustava of Collinsville, Hooper is seeking damages not to exceed $55,000.

The case has been assigned to Circuit Judge Nicholas Byron.

05 L 1290

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