Judge: Texting Shopper Who Fell Can Sue

Close-up image of young blonde girl texting with smartphone female hands typing text message via cellphone social networking concept

CAMDEN-A judge said a woman who slipped and fell on a hanger while walking and texting has grounds to sue the Joint Base MDL Exchange store, according to the Courier-Post.

The incident happened in July 2014 when Kimberly Braboy was texting her mother while walking through the base exchange store.  She said she needed back surgery and now uses a cane because of her fall.

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The U.S. Attorney’s office argued to seek a dismissal, claiming the accident was caused by the plaintiff’s inattention, but U.S. District Judge Jerome Simandle said Braboy can sue the government, who owns the exchange.