A New Canaan woman is suing Acme after she slipped and fell on water upon walking into the Elm Street grocery store last summer, dislocating a shoulder and spraining a hip.
According to a lawsuit filed Jan. 18 on the plaintiff’s behalf, she “has suffered mental and physical pain, including anxiety, sleeplessness and mental shock.”
“As a further result of the aforesaid conduct of the Defendant, the Plaintiff became obligated to incur expenses for medical treatment, diagnosis and medication, all to her great financial loss and may in the future be obligated to incur the same,” according to the lawsuit, filed by an attorney with Shelton-based Sousa & Minogue LLC.
She also “has endured and will continue to endure mental and physical suffering which has and will continue to restrict and deprive her of her normal activities,” according to the complaint, filed in state Superior Court in Bridgeport.
The suit seeks monetary and other damages.
It happened on Aug. 11 (a Thursday) at the Acme, located at 288 Elm St., formerly the Food Emporium. Property owner New Canaan Grocery LLC also is named as a defendant.
Acme “had a duty to maintain the store premises so that it was in a safe condition for its business invitees, including the Plaintiff to use and was negligent in breaching said duty, through the acts and/or omissions of its agents, servants and/or employees acting within the course and scope of their employment,” the complaint said.
Specifically, Acme “knew, or in the exercise of reasonable care, should have known, that said floor was in an unsafe, dangerous and defective condition and failed to take reasonable precautions to remedy said condition.”
The grocer failed to remove the liquid or “to reasonably warn the Plaintiff from the dangerous and defective condition of the floor,” according to the complaint.
The plaintiff, Jessica Gerges, suffered left shoulder pain, dislocation of left shoulder, rip hip sprain and adhesive capsulitis of left shoulder, it said.
Her attorney was not immediately available for comment. Acme did not immediately respond to a request for comment.