Shire Apartments moves for summary judgment in trip & fall, judge considers motion

David Yates Feb. 17, 2015, 1:49pm


Following a Tuesday morning summary judgment hearing, a Beaumont judge said he would take the motion under advisement on whether there is any evidence to support a trip and fall claim.

As previously reported, Tina Provost, a Beaumont local, filed suit against The Shire Apartments on Aug. 19, 2013, in Jefferson County District Court.

According to the lawsuit, on July 30, 2012, Provost was visiting a friend at the apartment complex. As she was walking down a dark exterior hallway, she tripped over a raised metal lid.

Court records show that on Dec. 30 The Shire filed a motion for summary judgment, asserting Provost “fails to provide any evidence” to support her claim.

“Provost has failed to provide any evidence that the defendants had actual or constructive knowledge that the clean-out lid was protruding and posed an unreasonable risk of harm,” the motion states.

In her suit, Provost contended The Shire owed the public a duty to safeguard and warn them of dangerous conditions – an act The Shire could not perform if it had no knowledge of the condition.

She is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Beaumont attorney Tom Oxford of the Waldman Smallwood law firm represents her.

The Shire is represented by Greg Wilkins, attorney for the Beaumont law firm Orgain Bell & Tucker.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-644

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