Shire Apartments granted summary judgment in trip & fall suit
A Beaumont judge has granted a motion for summary judgment in a trip and fall claim against an apartment complex.
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.
On Feb. 23 Judge Milton Shuffield, 136th District Court, granted the motion, dismissing Provost’s claim, court records show.
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 was 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.
Case No. D194-644