Serving the High Plains
A Quay County woman’s 2021 lawsuit against Lowe’s Market in Tucumcari after she said she tripped and was injured there was dismissed last month after both parties reached a compromise and settlement.
Mallory Wolff of the Dathan Weems Law Firm of Albuquerque that represented Georgia Griego stated in her March 22 motion to dismiss with prejudice that Griego and the store’s owner “have compromised and settled their differences, and Plaintiff no longer wishes to prosecute this case.”
A dismissal with prejudice means the ruling is final and cannot be refiled.
The order of dismissal of the lawsuit was issued in Tucumcari district court a day later, with both parties bearing the court costs.
Griego filed the complaint on August 2021 against Pay and Save Inc., dba Lowe’s Market, which was represented by Hugh Lyle of the Mullin Hoard Brown law firm of Lubbock, Texas.
According to online court documents, the lawsuit stated Griego was shopping in the frozen-foods section of Lowe’s on Nov. 2, 2018, and tripped on a section of loose and uneven carpet, causing her to fall forward. She struck her face on a freezer door, causing “severe” injuries.
Griego claimed the market knew or should have known about the defect in the carpet and that it was foreseeable that a customer walking through the aisle would not notice it.
Dathan Weems, a principal with the law firm representing Griego, responded to an email requesting comment: “While I appreciate your attention to this matter, there is nothing more we can say than is in the filed pleadings.”
Lyle, representing Lowe’s Market, did not respond to an email requesting comment.