Trip-and-fall suit against Parkdale Mall settles

David Yates Apr. 15, 2010, 8:00am

Rather than attempt to convince at Jefferson County jury that it did not negligently camouflage its concrete barriers to match the color of the parking lot, the owners of Parkdale Mall have opted to settle a trip-and-fall suit.

In January 2008, Jean Shivers filed suit against the West End shopping center.

Two years later, dozens of Jefferson County residents spent all day Monday wondering if they would be picked to judge the trial of Jean Shivers vs. CBL & Associates.

However, the case settled on April 13, minutes before the jury selection process was slated to begin.

Had a jury been picked, 12 local residents would have learned that on Jan. 28, 2006, Shivers was walking to her car in the parking lot of Parkdale Mall, which is owned by CBL, when she tripped over the wheel stop.

In her suit, which was filed in Jefferson County District Court on Jan. 25, 2008, Shivers claims the wheel stop was the same color as the rest of the parking lot," making it difficult for her to avoid.

She had tripped over the wheel stop while walking around to the front of her vehicle, court records show.

Shivers' suit does not describe her injuries, and only states that "she suffered severe and permanent injuries to her body" because Parkdale Mall failed to inspect and maintain its premises.

"Plaintiff alleges that (the Defendant) negligently caused and permitted ... the dangerous condition to exist and failed to warn Plaintiff of the defective condition of the parking lot," the suit said.

"Defendant breached its duty of care by both failing to make the condition reasonably safe and failing to adequately warn the Plaintiff of the condition. Defendants' breach caused Plaintiff's injuries."

She was suing for past and future mental anguish, medical expenses and impairment.

The settlement amount was not disclosed.

Shivers was represented by Louisiana lawyer Clint Brasher.

CBL was represented by attorney Karen Bennett.

Judge Milton Shuffield, 136th Judicial District, presided over the litigation.

Case No. D181-117

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