Man sues local store after allegedly tripping over bag of charcoal

A Jefferson, Texas, man is suing a Texarkana convenience store where he claims to have tripped over misplaced merchandise.

Joe Merryman filed suit last week in Miller County alleging he stumbled over a bag of charcoal "which was negligently misplaced on the end of an aisleway," in an E-Z Mart in the 5400 block of North State Line Avenue during the late hours of June 15. Merryman claims he crushed a plastic foam cooler when he fell to the floor.

"The store attendant disregarded plaintiff's injuries, but required him to pick up the Styrofoam pieces and pay for it," the suit alleges.

Merryman claims he immediately sought emergency medical treatment after the fall and his unexpected purchase and has incurred medical bills and lost wages as a result of his injuries.

The complaint alleges E-Z Mart was negligent for failing to keep the aisleways clear of merchandise, which created an unsafe and dangerous condition for customers, and that the store should have warned customers about the hazard.

Little Rock lawyer Cody Kees filed the suit on Merryman's behalf. E-Z Mart has not yet been served with a copy of the complaint. The case has been assigned to Circuit Judge Carlton Jones.

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