Plaintiff unable to attend personal injury trial

David Yates Mar. 28, 2007, 12:00pm

A woman who was injured at a washeteria when a chair collapsed was unable to attend the trial set to begin on March 28, causing the judge to accept a Motion for Summary Judement.

Dana Thomas, who was injured more than three years ago, initially filed her lawsuit against Wash & Dry and its employee, Tu Van Nguyen, on March 28, 2005. She was asking for $500,000 and court costs.

Two years later to the date, Judge Milton Gunn Shuffield, 136th District Court, accepted the Motion for Summary Judgment of the defendants.

But according to the court coordinator, the plaintiff's physician said Thomas medical condition prevents her from attending the trial or completing the proceedings through affidavit. It was not specified if the current medical condition is a result of the washeteria injury.

The judge is expected to make his final decision next week.

According to the plaintiff's original petition, Wash & Dry at 2285 Calder Road in Beaumont is negligent for failing to maintain and inspect its premises, allowing a dangerous condition to exist.

Thomas says she fell from a chair that broke after she sat down, "violently striking the ground, resulting in trauma and injury to plaintiff's neck and back," the petition said.

According to a court document, Tu Van Nguyen has filed for bankruptcy since the incident.

Thomas is represented by attorney Robert J. Smith.

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