Woman sues over injuries from parking lot fall at Elegante

Kelly Holleran Jan. 7, 2009, 8:32am

A Richardson woman has filed suit against three companies that own a hotel, alleging she tripped and fell on a gap in the hotel's pavement.

Court papers say that Maudia Durham was staying at the MCM Elegante Hotel, 2355 Interstate 10 South, when she was seriously injured after falling in a large gap in the pavement walkway between the parking lot and the hotel's main entrance.

According to the complaint filed Dec. 24 in Jefferson County District Court, the hotel is owned and operated by defendants ICA Properties, 304 Hotels and ICA GP.

Because of her fall, Durham claims she suffered immediate bleeding through her nose, mouth and ear, an injury to her lower back and bilateral lower extremities and aggravation to her bilateral hips.

She also endured anxiety, pain and illness, incurred medical costs, suffered physical pain and lost earnings and her future earning capacity is impaired, Durham claims.

ICA Properties, 304 Hotels and ICA GP were negligent by allowing the walkway to become cracked, by allowing the condition to continue and by failing to warn Durham of the condition, according to the complaint.

Had they exercised ordinary care, the companies would have known that the walkway was cracked and would have fixed it, the suit states.

Durham is seeking a judgment within the jurisdictional limits of the court, unspecified exemplary damages, pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which the plaintiff is entitled.

Robert J. McEwan of the Law Office Robert McEwan in Richardson will be representing her.

The case has been assigned to Judge Bob Wortham of the 58th District Court.

Case No. A182-944

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