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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

GELDERT et al v. TARGET CORPORATION OF MINNESOTA et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:11-cv-01292 Search Pacer
ACE Group party(s): 
Opposing Party: 
Janice Geldert
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
Jun 1 2011

From Plaintiff's Petition for Damages:

"5.
Plaintiff, Janice Geldert, believes and alleges that the defendants allowed the water to
accumulate, pool and remain upon the entrance area floor, without any warning signs, and the
defendants and/or defendants' employee(s) knew or should have known of the existence of this
dangerous condition and therefore defendants had actual notice and/or constructive notice of the
hazard.
6.
Plaintiff slipped and fell hard on the wet floor of defendants' store, all due to the negligence
of defendants allowing the water to pool and collect, creating an unreasonably dangerous hazard for
invited customers, like plaintiff, to come into defendants* store to purchase defendants' merchandise.
As a result of her slip and fall as aforesaid, plaintiff sustained a hard fall with a direct impact to the
head of her left knee causing severe injury to her left leg, back injuries and all other injuries as
described and diagnosed by medical professionals rendering treatment to Janice Geldert for the
injuries suffered at the defendants' store.
7.
Petitioners aver that the above described dangerous conditions presented an unreasonable risk
of harm that was foreseeable and that the defendant created the condition and/or permitted it to exist
after defendant or defendants' employees knew or should have known of it, and therefore had actual
and/or constructive notice of the above described dangerous conditions and failed to exercise
reasonable care to correct the dangerous condition, and failed to protect the petitioner-customer
Janice Geldert, who was invited to enter defendant's premises for the sale of defendants' goods and
merchandise.
8.
Petitioner avers that her severe bodily injuries were the direct result of the negligence and
carelessness of the defendants, their agents and employees, all which were the proximate cause of.
the accident and caused petitioners' injuries and damages including but not limited to the following

1. Creating and/or permitting a hazardous condition to exist for a significant and
unreasonable length of time in an area traversed by invited business customers,
namely, the entrance to defendants' store, when it was known or should, have been
known that a dangerous condition existed;
2. Failing to discover and remove, reduce or at minimum warn, the invited guests and
customers of defendant that the water was collecting and standing on the floor of the
entrance to the store, and failing to maintain the floor is a reasonably safe condition;
3. Failure to maintain a hazardous free floor where business invitees are known to
traverse.
4. Failure to warn petitioner of the dangerous condition;
5. Failure to exercise reasonable care so that customers invited into the supermarket
would not be exposed to danger;
6. Failing to do what should have been done to provide a safe place for a business
invitee in general; and
7. All other acts of negligence which shall be shown at trial of this matter.
9.
As a result of defendant's negligence, your petitioner sustained severe and painful injuries
which haverendered petitioner disabled and which has required extensive medical treatment and will
continue to require medical treatment in the future. The fall, trauma and stress of the accident caused
a severe case of psoriasis to occur, causing severe and painful injuries to the plaintiff."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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