Suit: Injured woman didn't know ATV was dangerous

David Yates Sep. 9, 2008, 10:18am

A woman claiming she didn't know four-wheelers were dangerous is suing the man who let her ride one for not warning her she could get hurt.

Seeking damages for mental anguish and medical expenses, Stephanie Fertitta filed her suit against Tim Berryhill Sept. 8 in Jefferson County District Court.

Two years ago, Fertitta was a guest at Berryhill's Beaumont home, court papers show.

"On Sept. 9, 2006, Fertitta was visiting the home of Berryhill, where she was injured while riding a four-wheeler," the suit says. "Fertitta was a guest and � Berryhill owed a duty to � safeguard her from unreasonably dangerous conditions on the premises or to warn of their existence."

In her suit, Fertitta alleges Berryhill negligently instructed her to load the four-wheeler onto a trailer when he "knew, or should have known, that she lacked the experience to do so safely."

Fertitta is represented by Adam Terrell, a partner in the Weller, Green, Toups & Terrell law firm.

The case has been assigned to Judge Bob Wortham, 58th Judicial District.

Case No. A182-385

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