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ST. LOUIS – A slip-and-fall lawsuit originally filed in St. Louis County Circuit Court has been removed to the United States District Court for the Eastern District of Missouri, Eastern Division, as national pet retailer Petco Animal Supplies Stores faces allegations of negligence resulting in severe and lasting injuries to a Missouri woman.
The plaintiff, Rebecca Mundai-Moun of Fenton, alleges in her petition that she suffered a range of debilitating injuries after tripping over a wooden pallet while shopping for dog food at the Petco location on Gravois Bluffs Plaza Drive in Fenton on Feb. 1, 2023.
According to the court documents, the wooden pallet was positioned in such a way that it rendered the aisle unsafe, and Mundai-Moun claims Petco failed to take reasonable precautions to remove or warn about the hazard.
As stated in her April 10 petition, Mundai-Moun asserts that Petco “knew or by using ordinary care could have known” of the unsafe condition.
She further alleges that Petco failed to take reasonable steps to remedy the situation, either by removing the pallet, barricading the area, or warning customers of the potential danger.
The incident allegedly caused Mundai-Moun to fall “in a sudden and violent manner,” resulting in injuries to numerous parts of her body, including her knees, hips, shoulders, spine, and internal structures.
The injuries, according to the petition, are both immediate and permanent and have led to chronic pain, neurological issues, and significant restrictions in mobility and daily activities.
Mundai-Moun also claims she has incurred and will continue to incur medical expenses as a result of the fall. She is seeking damages “in a just and reasonable sum commensurate with the amount of injuries and damages sustained.”
Petco filed a Notice of Removal on May 27, asserting that the case qualifies for federal jurisdiction under diversity of citizenship provisions.
According to the filing, Mundai-Moun is a Missouri resident while Petco is incorporated in Delaware with its principal place of business in California, establishing the required diversity between the parties.
The Notice of Removal further argues that the amount in controversy exceeds the $75,000 threshold required for federal jurisdiction.
Though the plaintiff did not specify the amount of damages sought in her petition, Petco referenced a pre-suit settlement demand made by Mundai-Moun in October 2024 for $240,595.60.
Citing multiple precedents from federal courts in Missouri, Petco argued that such pre-suit demands, combined with the severity of the injuries alleged, are sufficient to meet the jurisdictional requirement.
Petco also noted that the removal filing was made in a timely manner.
The defendant was served on April 24, and the 30-day statutory deadline would have landed on May 24, a Saturday, extended due to the Memorial Day holiday to Tuesday, May 27—the date the notice was officially filed with the federal court.
Petco has demanded a jury trial and explicitly reserved the right to assert multiple legal defenses, including lack of jurisdiction, improper venue, or failure to state a claim.
Mundai-Moun is seeking compensation for medical expenses, pain and suffering and loss of enjoyment of life due to the injuries allegedly sustained at the Petco store. She is represented by attorneys Roy E. Williams Jr. and John R. Williams of Henry, Williams & Kinder, based in West Plains.
Petco is represented by Lawrence S. Hall and Charles F. Whitten of The Chartwell Law Offices in St. Louis.
U.S. District Court for the Eastern District of Missouri, Eastern Division case number: 4:25-cv-00759
