Full title: LINDA JONES PLAINTIFF v. KOHL’S DEPARTMENT STORES, INC., KOHL’S…
Court: United States District Court, S.D. Mississippi, Jackson Division
Date published: Aug 30, 2011
Facts
The following facts are as presented by plaintiff. (Complaint, docket no. 1; Linda Jones Deposition, docket no. 32-3; Londen Ladner Deposition, docket no. 32-4). On June 12, 2005, Linda Jones and her granddaughter Londen Ladner entered Kohl’s Department Store in Flowood, Mississippi, around 7:15 p.m. in order to purchase a swimming suit for Ladner. Upon entering the store, Jones and Ladner walked directly to the department where swimming suits were located. Jones and Ladner both noticed around fifty (50), or more, swimming suits piled up, or stacked up, on the floor against the wall.
Around 7:30 p.m. Jones felt something suddenly “grab” or “catch” her right foot, and she fell forward, landing on her right shoulder and sustaining injuries to her shoulder and face. (Jones Deposition, p. 36, lines 2-4). Ladner heard Jones scream, went to where Jones had fallen and found Jones lying on the floor of the store. In an attempt to identify the cause of the fall, Ladner moved a few of the swimsuits that were on the floor close to where Jones fell and discovered a rod. Neither Jones nor Ladner recalled seeing any employees while they were in the department of the store where the swimming suits were located. On June 14, 2005, Melanie Turner, personnel/operations manager of the Flowood Kohl’s completed an incident report, describing the incident by stating “customer [Jones] said she fell over [an] empty rod on bottom of fixture” and injured her rotator cuff. (Incident Report, docket no. 32-3).
On June 12, 2008, Jones filed suit in this court against Kohl’s Department Stores, Inc., Kohl’s Corporation and John Does 1-10 (collectively “the Kohl’s Defendants”). (Complaint, docket no. 10). Jones alleges that the Kohl’s Defendants were negligent in contributing to and/or failing to warn her of the dangerous condition that caused her to fall. She also alleges that the Kohl’s Defendants destroyed the surveillance tape of her alleged fall and in doing so committed “the independent torts of spoliation [of evidence], interference with a civil action, and the tort of outrage.” (Complaint, ¶¶ 29-30). Jones seeks compensatory and punitive damages.
Issue
Decision
For the foregoing reasons, this court grants in part and denies in part the defendants’ motion for summary judgment [docket no. 32] and denies the defendants’ motion to strike affidavit of plaintiff [docket no. 39] and motion in limine [docket no. 41].
SO ORDERED