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A federal judge in Charlotte will hear the case of a woman who sued Walmart after she slipped on blueberries and fell on her back in a North Carolina Walmart Superstore in 2016, causing ”unbearable pain,” according to her lawsuit.
Jacqueline Reid originally filed the lawsuit in Anson County Superior Court in November. The Walmart where she tumbled backward to the floor is in Wadesboro, the Anson County seat.
Walmart lawyers later requested the case be transferred to federal court, and on May 23 the lawsuit was reassigned to U.S. Magistrate Judge David Keesler, court records show.
Reid and a friend were passing through the produce section on their way back to the deli when Reid “suddenly and without warning slipped and fell backwards,” according to her lawsuit, which seeks at least $75,000 in damages.
After workers at the store helped lift her to her feet, she saw blueberries “covering the floor” where she’d slipped and fallen, she said in her lawsuit. The store manager called for store workers to clean the berries from the floor, according to the lawsuit.
Soon after the fall, Reid said in her lawsuit, she “began to experience unbearable pain and sought medical treatment.”
Reid contends in her lawsuit that Walmart “should have reasonably known of the fruit and berries on the floor in its Wal-Mart Supercenter, thereby creating a hazardous condition to patrons.”
In Anson County Superior Court in February, Walmart lawyers filed a motion to dismiss the case.
While acknowledging in their motion that Reid had slipped and fallen that day in July 2016, the lawyers said Reid was “negligent” in part because she failed to:
- “Use reasonable care for her own safety.”
- “Observe the area in which she was placing her feet.”
- “Walk in a safe and reasonable manner.”
- “Keep a proper lookout in her path of travel.”
- “Wear proper footwear to protect herself from injury.”
- “Observe berries on the floor and walked onto the berries.”